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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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Barclaycard and the DCAs


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Hi Red,

 

It's good to see you're getting support from the Regulators - all too often, they seem to be unable or unwilling to keep these DCA's in check.

 

:)

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Hi Red,

 

Tell the sol'rs the a/c IS in dispute and they can contact BC themselves for any info they require.

 

Tell them you will not be paying any amount to them, especially any amount which incorrectly includes s.69 Interest. Their continuing letters are being referred to TS and the FOS.

 

Tell them you will no longer deal with their tiresome letters and, if they want to take the matter to court on the basis of an application form, then that is their prerogative. You will defend any such claim, and will win. :)

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Hi Red,

 

I refer to your letter of date and must reply as follows:-

 

Failure, by a creditor/owner to supply a true copy of a Consumer Credit Agreement, under sections 77-79 of the Consumer Credit Act 1974, means that they may not enforce the agreement. It would appear, therefore, that court action in this regard would fail.

 

The paperwork that you have sent me is a copy of my application form, and not a true copy of my agreement.

 

Your client, 1st Credit, are aware of the dispute about the alleged debt and should not be pursuing payment by any means until the dispute is resolved. The Financial Ombudsman Service is aware of this case following a formal complaint which I made to them.

 

The statements which you have provided are worded in such a way that as a layman, I am unable to decipher the codes and what the amounts relate to. I have not requested a copy of the ****date*** statements and wonder why they've been provided.

 

You have requested that the total amount of ***** is paid by ** November 2008. This will not be paid, and your continuing demands are being referred to the FOS.

 

You appear to have added 8% interest to the sum demanded. This cannot be done until a claim is filed at court.

 

Given the failure by Barclaycard and other to supply the documents required by a court to enforce the alleged debt, you should be aware that I will defend vigorously any court action taken against me.

 

Yours faithfully

 

A bit less wordy - what do you think.

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Hi Red,

 

Comments noted re sol'rs letter and replying to it. The truth, however, is that they will either take you to court, or not.

 

Photobucket scares me enough, let alone firewall settings !! :eek:

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LOL. You can have my scanner for xmas !!

 

Every time I scan something, my puter hides it so I can never find it. When I do, it's in a format that baffles me completely. :eek:

 

Still, for under £40 at Tesco's, it's not a bad buy. It'd just be nice if I could use it effectively. ;)

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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