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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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RBS Mint Mrs P V MINT


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Guest dvdriley

the agreement

posted in number 1, is not, in my opion enforceable. There are no terms and conditions - missing payemnts, cancellation rights etc. where are the terms and conditions it refers to above the signature of the card holder.

 

I received one of these and told RBS it was unenforceable. They then sent another agreement , same as your second one, which was concocted and did not contain my signature. It refers to missing payments, a term not used in 2000. It refers to charges prevalent today. Now if they bekllieved the first agreement was ok why have they now sent another one. I have been through 3 dca and 2 different firms of solicitors on this matter and they all keep refering back to RBS

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The differences between the documents is as follows

Post 1, is the original CCA, stating I had a credit limit of £2500, Post 2, obviously from a later date, states my credit limit is £5200. Post 1 states the apr variable is 1.24%, post 2 states it is 1.805%. Post 3, which was attached to Post 2, states the Default charges as £12 and I have already successfully recaimed charges back to 2003, where they refunded me the old charge of £20.00. Post 1 makes no reference to default charges at all - is this a requisite of a correct CCA? Does it matter if the Terms & Conditions are not those provided at the time the card was taken out?

Any thoughts ?

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I too have a mint CCA which looks identical to this agreement.

 

I have noticed that in the Your Right to Cancel box

 

1. Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when you can do this will be sent to you by post by mint.

 

and also in Declaration and authorisation

 

2. I apply for a Mint card to be issued to me. I accept and agree to be bound by the general conditions applying to the card as set out separately.

 

Now surely they cant send you your cancellation rights by separate post!!!

 

And in 2 they admit that the conditions are setout separately - in other words they are admitting breaking the 4 corners rule

 

Opinions required please.

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Could someone please check if this CCA is enforceable - thanks!

 

 

cca2mintenlarged.jpg

 

 

cca2frommint.jpg

 

 

ccamintenlarged110209-1.jpg

 

 

There are a few differences between image 1 and images 2 & 3, ie credit limit, APR, default charges etc

 

 

I would love someones opinion on if this is enforceable or not. I think not, but need to know if I should put this into dispute or not?

Mrs P:)

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Mrs P is paying these idiots £110 a month. The balance seems to be rising and now she gets a letter from the following leeches,

 

letterfromtritonssolicitors6thmarch.jpg

 

I really don't think they know what they are doing. Any suggestion to give 'em a kick up the rear end pls?

Edited by phatram
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If the balance is rising, then this needs to be queried.... and the £110 monthly payments seem way too high anyway. Greedy barstewards ! How much do they expect to get from this little farce, I wonder ?

 

Time for a SAR (if you haven't already done so.... to tot up the charges and see where they're coming from. A brief letter back to the sols. (by rec. delivery) explaining that a SAR has been sent to xxxxx and the balance is currently being disputed due to the addition of unlawful charges will hopefully suffice. A sentence on the bottom along the lines of .... should you decide to proceed with legal action in the face of receiving this letter, please be advised that your company will be reported to the SRA and any other authority as I see fit; without any further notice.... and suggest that they liaise with their client company before contacting you again.

 

Looking at their letter however, they seem like an in-house outfit..... trying to crank up the pressure.

Edited by PriorityOne
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They should send the relevant t & c's, yes..... but, they do appear to have the signed document, so it depends on how confident you feel about pushing this one.

 

I would go back to the thread I referred you to earlier to hear what their views are on this, in light of them having a signed Agreement....

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The agreement posted on page 1 is highly unusual, especially for 2002. I've never seen one like this before and certainly never signed one myself; I have that card, taken out (by post) around the same time.

 

Do you remember signing this document? Are you sure it's genuine? I'm assuming this was supplied following a s78 request. Have you sent a SAR?

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Do you remember signing this document, pussycatdoll? You don't think your signature could have been cut and pasted? RBS boast about recreating agreements.

 

Was yours an online application or a postal mailer, if you don't mind me asking?

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The agreement posted on page 1 is highly unusual, especially for 2002. I've never seen one like this before and certainly never signed one myself; I have that card, taken out (by post) around the same time.

 

Do you remember signing this document? Are you sure it's genuine? I'm assuming this was supplied following a s78 request. Have you sent a SAR?

 

Sending SAR today.

I dont remember signing this, but the date looks very much like my writing.:evil:

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