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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
      • 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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over £40K debt - next step?


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The debt is currently split across 4 creditors, although they originally started as 7, covering 3 loans, 2 credit cards and 1 store accounts and 1 current account. They are at various stages of “collections” – ranging from Court action threatened, issued to doorstep collectors, or DCA who don’t appear too bothered.

He needs to send a CCA request for each account,enlcosing £1 for each one and sent by rec. delivery. Do not sign these requests, but print a "signature" in block capitals. Keep the rec. delivery receipts safe as these are proof that legal requests have been sent and when.

 

I am looking at IVA or BR, but that decision will be a few months away for now, I just need to see if he can actually pay the monthly amounts and live by the agreed budget. He is in his early twenties and needs to grow up rather quickly!

Do not go down the IVA/BR routes for now.... there are other ways, as outlined above.

 

So my questions or guidance are:-

 

Reading through the various threads – it looks like the CCA request is a good next step, (once the boy has made his first payments!) do you agree? The requests can go off now.... don't wait. After 12 working days from receipt, your nephew can withhold all further payments in the absence of a properly executed CCA. If they do send something back, come back on here to have it checked out, as some of these companies like to try and pass off Application Forms as "Agreements". :cool:

 

 

:)

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The CCA requests go to whoever is currently chasing your nephew for payment. They need to go by rec. delivery and the receipts kept somewhere safe... making sure that you know which one applies to each CCA request sent.

 

The S.A.R - (Subject Access Request) goes to the original creditor, to determine the level of unlawful charges applied to the account(s). These also need to be sent by rec. delivery and at £10 a time, are more expensive to send.... but they cover all data held by the same creditor, if you have had several accounts with the same creditor, you will only need to send the one.

 

Not sure about the "Notice of Disassociation" template, but you could always write a letter yourself headed up with that as a title, send by rec. delivery and take it from there.

 

:)

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