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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
      • 162 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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Tawnyowl v Aktiv Kapital


Tawnyowl

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What a name for a dca -surely it didnt hatch in this great country.Had a debt with Comet which finally got passed onto this FRIENDLY BUNCH.After about 200phone calls decided to cca them.Sent 1.00 postal order .Received reply

saying they purchased the debt balance and right to collect that balance and the right to apply interest.They did not purchase the actual agrrrreement so they have no obligation to provide it.HOWEVER AS IS GOOD PRACTICE they are going to seek a copy.I BET THEY WILL BE LOOKING EVERYWHERE.

In the meantime they are not suspending debt collection activ--ities and unless i get in touch with them within 7 days it will be passed back to their collection division for FURRRRRTHER action.Please note if the original creditor is unable to provide a copy it does not mean that they have no right to request payment of balance.

Then goes on to offer substantial discount if settled within next ten days.

Makes you wonder what they paid for this account.ANYONE KNOW HOW MUCH THE % PAID IS.Perhaps one of the spies for DCA-S MIGHT BE ABLE TO ANSWER IF they come on here- i wonder if they do. IF they do -get a life.BETTER STILL CAN YOU ANSWER THE QUESTION.How about becoming a defector and working for the good men and women of this great site.Getting a bit carried away now -must fly- Tawnyowl.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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What a name for a dca -surely it didnt hatch in this great country.Had a debt with Comet which finally got passed onto this FRIENDLY BUNCH.After about 200phone calls decided to cca them.Sent 1.00 postal order .Received reply

saying they purchased the debt balance and right to collect that balance and the right to apply interest.They did not purchase the actual agrrrreement so they have no obligation to provide it.HOWEVER AS IS GOOD PRACTICE they are going to seek a copy.I BET THEY WILL BE LOOKING EVERYWHERE.

In the meantime they are not suspending debt collection activ--ities and unless i get in touch with them within 7 days it will be passed back to their collection division for FURRRRRTHER action.Please note if the original creditor is unable to provide a copy it does not mean that they have no right to request payment of balance.UTTER NONSENSE, they can ask you to pay but and its a BIG BUT if they have no agreement they can whistle in the wind as they cant do anything about it

 

 

 

 

 

:):):)

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That is very cheering news on a cold winters night.Wonderful news in fact.Even if they find one it really seems to rattle them. The more people that send these requests the better.Well worth the pound.CCA all your creditors-

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saying they purchased the debt balance and right to collect that balance and the right to apply interest.

That's highly debatable too. Ask them for hard copy proof that they have a contractual right to do this. Most DCA's rely upon ignorance to get away with this particular [problem].

 

Regards, Dave.

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Received copy of consumer credit agreement- oh well cant win them all.The only thing to do now is SAR comet and hope there are some charges on the statements.In the meantime i will make offer to Aktiv of Token payment as this is all i can afford at this present time.Bet that is going to please them.

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  • 8 months later...

Still haven't dealt with this due to repossession case and everything else happening.Am moving very soon so will start then-at moment just still asking me for payments-and threatening court action.Not that bothered anymore am soon going bankrupt-sick of all the time spent trying to sort them all out-most of debts reduced to token payments with help on here-so thanks everyone.Still feel they are still there-and poss-prob definate shortfall on mortgage-am going to clear the lot in one swoop.Maybe not best for everyone-but as i have no assets maybe this is best thing to do for me.

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I have to love Aktiv and Thames when they talk about interest. Before I decided to CCA them once I wrote demanding that they provide me with details of the rate of interest they could charge and evidence that they were empowered to do so.

 

They wrote back to confirm that the rate of interest they are entitled to charge was ... 0%

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I have to love Aktiv and Thames when they talk about interest. Before I decided to CCA them once I wrote demanding that they provide me with details of the rate of interest they could charge and evidence that they were empowered to do so.

 

They wrote back to confirm that the rate of interest they are entitled to charge was ... 0%

Very interesting didn't know about the interest they could or couldn't charge

never really thought about that angle.Got letter -keep it dont trust DCAs

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  • 3 weeks later...
  • 4 weeks later...

Letter received from Activ saying new angle this-due to credit crunch -we are trying to help you so we will accept half of 1500 debt.You can pay over 3 months hope you r well love Activ .250 MONTH was quite well till read that.ALSO ANYONE THINKING THIS IS NICE OFFER -FELL FOR THAT ONCE PAID HALF EVERYTHING WENT QUIET-sorry capslock.Then 6 months later they sold balance to DCA who resurrected other half.So my advice would be if they make you such a offer and you want to settle get it in writing as full and final payment to settle debt.Slight difference to letter no love sent but sounds better feel you know what i mean.Be careful these DCAs crafty lickle devils.Heres the link to the story just in case anyones interested.I didnt get anything in writing.

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/123479-stitched-up-h-f.html

Edited by tawnyowl
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