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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have dealt with the CSA today and been told that IT IS statue barred as it (the assessment) took place before 12 July 2000 and that it cannot go before a court. The kind chap on the phone said you still owe the money but we have no way to enforce it!! Apart from DCA's. I thanked him for his time and departed a happy man knowing that being on benefits the DCA's cant get an attachment of earnings order. I called my bank and cancelled my debit card as DCA was taking £50.00 a month from account and asked bank for new card. All in all a good day

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Thanks for the response ODC appreciate it. Just sitting back and waiting for iqor to start sending those pointless letters again and I'll be able to hit 'em where it hurts as the debt is unenforceable and I got that straight from the CSA! so I'm laughing all the way to the bank, high ho, high ho, high ho its off to work I go(not!) best regards Phil

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Thanks for your responses Rory and Oneofakind. I too was struggling to pay for my child, but the more over-time I did the more money they wanted till it hit £2295. They were taking loads of money from me and the wife (wanted to take here wages into consideration, even though we had two children!). Short story I became ill and left work and wasn't contacted till August this year. Like you they said you pay £123.00 a month or we go to Debt collector. So set up payment with DCA, but cancelled that yesterday and cancelled card so they have had their chips. The assessment for the CSA took place before 12 July 2000 so its statute barred and this was confirmed by CSA. So looks like its the toothless DCA to fight. Till I met the guys and gals of this sight I would have stupidly paid these barstewards but not now, lets see £2295(csa), £11295(I think HSBC) and £2295(I think Mastercard) and they are all statue barred! Its a crying shame ain't it? BOO WHO! Oneofakind it looks like its me&you against the world mate!!!!! Bring 'em on, I'll carry you and feed you bullets and cheese and ham toasties and You can shoot up the DCA's as they pop their heads up!!! LOL best regards Phil&family

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On the matter of medication Oneofakond yes my friend in all seriousness I am medicated(Risperadal 5mg(anti-psychotic!) Carbamazepine 60mcg(mood stabiliser!) and paroxertine 60mcg(anti-depressant!)) so you can imagine what I want to do to a DCA when they rear their ugly head,LOL. Its all down to the PTSD mate, but we are getting there since joining this site. As for being a big boy to carry you I'm 6'3" and weigh 22 stone 10lbs muscular lad and train(weights) 4-5 days a week so I think I'd be able to carry you mate. Like I said I'll pass the bullets and you can take pot shots at the cluckers! Anyway best Regards mate, Phil&family

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Thanks ODC I think you know where I'm coming from. They say that anger(RAGE I call it!) is a learned emotion and it can be turned on and off like a switch, trouble is my switch is stuck on!! Full on!!!! Sometimes I feel invincible and other times I could curl up and die. The meds, well they help to some extent but I think they just take the edge off, its still burning up inside, ready to explode. Oneofakind I'm on our side mate and **** me can I intimidate if I try...DCA's only though, wife knows and keeps me on a lead at all other times. Iqor are bullies like all DCA's and as far as I'm concerned they can Feck off! Would love to be in the office when they try to put my card details through the m/c and it says "NIL POINTS!" Anyway best regards Phil&family

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  • 2 weeks later...

Little update:- Iqor were due payment yesterday, but cancelled card details with bank(naughty me! wonder why?) and was issued with another! The phone is quiet but I'm relishing the fight ahead because I know theres nothing they can do- CSA said they can't go down the court route as its statue barred(assessment by CSA was before 12 July 2000 you see!) so its just a toothless DCA. Have changed my mobile number(shame that, lol!) and only have family and friends on this line(call barring). So its just those pretty coloured letters to look forward too, ahhh **** is that all....Best wishes to you all Phil

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It seems the little devils have gotten hold of my wife's mobile number and want to talk to me....wonder why? LOL very loudly indeed! The nice lady said she wanted to talk to Mr.so-and-so and that it was an urgent business matter. I said that she had the wrong number lol. She said she was from a company in Preston and we all know who that is don't we? Tel:-01772 557600, yes we know who it is don't we? Its our friends Iqor again, oh how we(wife&I) laughed when she asked security questions, sadly she put the phone down on us, the cheeky mare!! Looks like the fight is on in earnest, heads down, arses up and drive on to the front. Looking forward to the mornings post...LOL. In control of my life again and liking it!!

Nice to see you looking in ODC and thanks for your support oneofakind

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  • 3 weeks later...

Had a pretty looking "threat-o-gram" from IQOR today, all different fonts and stuff-valid if not read by you, lol very loudly! I phoned the buggers too and had a brilliant arguement with this funny creature who didn't know her arse from her elbow!

Coversation went like this:-

Creature:- this is iqor

phil:- this is mr blah blah of blah blah, reference blah blah

Creature:- yes there seems to be a problem with your recent payment

phil:- yes I haven't paid it!

Creature:- Why?

phil:- because the debt your persuing is statute barred isn't it?

Creature:- UHHH! What does that mean?

phil:- I'll explain-my assessment with the CSA was april 1999 and that was the last time I had contact with them. On july 12th 2000 the law changed and csa payment after this date could be chased up, but not before this date, with me so far? I have had no contact with csa since april 1999. There is a statute of limitations on debts in this country, its 6 years. 1999 from 2007 is 8 years, so the csa have said they can't chase me for the debt through court as its statute barred you see.

Creature:- You will have to contact the csa to confirm that

phil:- already have, now I telling you its statute barred

Creature:- You'll have to pay it anyway. We'll put an attachment of earning order on you!

phil:- not bothered as its statute barred and by the way I don't work...laughs very loudly

Creature:- this isn't going anywhere

phil:- don't you want to threaten to send the boys round or try and intimidate me in another way?

Creature:- we'll get you another way

phil:- I'm shaking in my boots, honest I am! PLEEEEAAASSSEEE take me to court, PLEEEAASSSEEE I want you too

Creature:- this isn't going anywhere.....puts phone down! Cheeky Mare

So Iqor 0 Phil 1

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