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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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Sky -> Lowell -> Red -> Scotcall!


Heavysoul

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Hi, my first post here. I'd like to summarise the situation I'm in and hope that someone can offer me some advice as to how to get out of this loop of DCAs I find myself in.

 

In 2000, I had Sky installed in a previous property to where I live now - the installation fee was £60. The installation was poor to say the least and additional equipment that I had requested to view Sky in a second room wasn't installed. The Sky box also kept freezing. I therefore contacted Sky (within the 'cooling' off period) and asked them to remove Sky from my property. This should have resulted in my £60 installation fee being refunded. I then got dragged into the nightmare that is Sky's customer services. They continued to charge me after they had removed the equipment - and during one phone call I was told that I was still viewing Sly programmes (rather difficult without a Sky box or dish)!! I eventually got that side of things sorted but I couldn't get the £60 refunded as they conveniently couldn't find my confirmation letter for canceling the agreement.

 

I therefore contacted my bank - First Direct - who refunded the £60 to my credit card once I had explained to them what had happened. And that was the end of it as far as I was concerned. Untill I received a phone call a few years later from Sky regarding the £60. By now, I'd moved home but had kept the same phone number. I explained what had happened - I even gave them my new address in case they needed to contact me again (I didn't want post not reaching me) - and was told I wouldn't hear from them again.

 

In July 2005 I received a letter from Lowell saying they had been instructed by Sky to collect the £60. I phoned them immediatley and after again explaining what had happened, I was asked to contact Sky to ask them to contact Lowell to confirm that I didn't owe the £60. This I did and Sky told me they would email Lowell.

 

I then heard nothing until June 2007 - again from Lowell - which said that the debt had now been sold to Lowell and that Red Debt Collection Services had been appointed as collection agents. They were threatening a 'home' visit.

 

Again I phoned and explained what had happened. I contacted Sky again and have a contact name of someone there who once again confirmed that I do not owe this money and that they would contact Lowell/Red.

 

I also spoke to one of these free legal advice services who advised me to email Lowell/Red to dispute the fact that I owe this money and to tell them that I would not entertain a visit. I was also informedof the statute limitations act 1980 and the 6 year rule.

 

Lowell eventually wrote to me in July saying they would contact me again once they had investigated.

 

Yesterday I received a letter from Scotcall Debt Collecting Services - so it's starting all over again with yet another DCA!!!!!!!!!

 

I have sent a similar email to Scotcall - and am awaiting a responce.

 

I just want to get this ridiculous situation out of my life. But it seems that if one DCA doesn't get anywhere - they just sell it onto another.

 

Any advice as to how I get out of this - other than pay the £60 which I do NOT owe!!!!??????

 

Apologies for length of summary - but wanted to try and get all facts down!!

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Ask Sky For It In Writing For Your Own Personal Proof Or To Email To You Whilst On The Phone With Them.

Then, Copy Letter Or Email To All The Dcas Who Have Contacted You To Remove All Data About You. Then If Anymore Dcas Come Along, Ask Who Sent Them (ie Lowells Or Scotcall) Then Sue Their Arses For Illegally Using Your Data.

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Ooooh, nearly the same as me, except I got Scotcall before Red!

 

Listen, don't waste much more time on these morons. I found out at my expense (well, not literally! :-D) that they are not interested in your side of the story or that you don't owe it, all they want to do is get you to pay up.

 

Just respond with this letter:

 

"I don't acknowledge any debt to you or any other company you purport to represent. Furthermore, the alleged debt you are pursuing would be statute-barred."

 

Send this if you must. Or just ignore them. They can't touch you and they know it. Every time you re-open the dialogue, they just see it as a further chance to get under your skin, and a weakness as it shows you don't know your rights. ;-)

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Exactly Bookworm - they are not interested at all in what I have to say!!

 

And thanks for your comments groovychickmum (great name!) - I've just phoned Sky and of course they can't trace any of my records as it was such a long time ago. But they have given me an email address of [email protected] to write to.

 

I'd like to be able to ignore it - but my preference is to get rid completely!!

 

I just need to think about what I say to Sky!

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