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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 
      • 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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Lowell's and debt more than 6 years old!


BrianP68
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Having just read some items in here elating to aged debt, I find myself seeking some advice on a similar issue.

I started receiving letters from a company 'Red' chasing me fo a debt from march 1999 for Nat West credit cards which i had previous to this year, but had subsequently cut up. I verified through phone calls wha tthe debt was and the dates and tied them into the fact that I moved from this address the previous year with no such debt.

 

I was requested by this company to send a copy of my signature t verify it was not my debt, but possible fraud. I did not send anything to this company and also received no further phone calls, for 6 weeks, until today, when I received a call from Lowell's asking to confirm my address, postcode and a work telephone number (which they were actually calling me on). They again were chasing me about this debt, demanding full payment by Friday 16th November or else they would take legal action and increase the debt by up to 60% to cover costs and then send collectors to my home to remove goods to the value. I offered to pay 10% before then to placate them, but found this website first, so need advice before Friday as what is my best course of action.

 

Looking forward to any help i can get!

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Red and Lowells are one and the same. If no payment or acknowledgement in writing has been made on this account since March 1999 the debt is statute barred (debts become statute barred after 6 years in England/Wales and can not become unstatute barred). Once a debt is statute barred it can not be enforced and you are under no obligation to make a payment.

 

Lowells are renowned for chasing statute barred debt hoping that you won't know and make some sort of payment on the account.

 

If you look at the template letters link in my signature (bottom of the page) you will see that there is a template letter for contacting creditors/DCA's regarding statute barred debt. It is template M. I would send this recorded delivery and don't sign your name. Either print your name or use a digital signature.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I have moved your thread to the Debt Collection Forum where you will receive lots of help and advice :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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