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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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advantis/lewis group chasing Blackhorse loan


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I asked for a CCA from Advantis for a debt they are chasing on behalf of the lewis group over a month ago,

 

i recieved a response today saying

 

"unfortunately we have been unsuccessful in contacting you by telephone please phone us so we can conclude this matter"

 

Obviously im not going to phone them but how now should i proceed and what response should i give them in writing

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Try something like:

 

Thank you for your letter dated xxx regarding the formal request I made, pursuant to s.78 of the Consumer Credit Act 1974, for a copy of the credit agreement relating to the above acount, together with all other documentation as required by the Act. I do not discuss financial matters over the telephone. For the avoidance of doubt, all communication in this matter must be in writing. I will not, therefore, be telephoning as you suggest.

 

You are reminded that the Act requires you to produce a true copy of the credit agreement, and other required documentation, within 12 working days. You have failed to meet the statutory deadline, and are now in default. If you are unable to produce the required documentation, please confirm this in writing without further delay.

 

Yours etc.

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  • 4 weeks later...

sent the letter as mentioned by scarlet and

 

i have this morning received an identical responce as the first time

"unfortunately we have been unsuccessful in contacting you by telephone please phone us so we can conclude this matter" .

 

So where do i take this from now as it seems obvious they have no cca , but keep writing asking me to contact them thanks

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This is a standard response - they want you to call so they can lie on the phone. Try something like this:

 

I refer to my letter of xxx and your reply dated xxx. It is disappointing to note that you have failed to respond to the points raised in my letter.

 

You will note that in my letter of xxx I stated that I do not discuss financial matters at the telephone, and that all communication should be in writing. For the avoidance of doubt, this means that you must respond to my correspondence in writing, and that I will not be contacting you by telephone. Whilst I hope that my position is now completely clear, please do not hesitate to write to me if you remain confused.

 

Your attention is drawn to the Office of Fair Trading Guidance on Debt Collection, which states that failing to provide details when a debt is queried or disputed is an unfair practice.

 

I now require you to either comply fully and properly with my formal request pursuant to s.77/78 of the Consumer Credit Act 1974, or to confirm in writing that you are unable to do so, in which case I require you to also refund the £1.00 fee.

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  • 4 weeks later...

recieve a letter from them this morning with a copy of this , is this correct and enfocable ,

they also sent with it a copy of someone elses loan agreement for a car that has nothing to do with me talk about sloppy

 

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