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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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Claim against me!!!


Dav3yBoy
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Hello, very worried now...

 

4 years ago i took out a loan for a car. Things were ok for 3 years but then i got into trouble.

I lost my job and defaulted on the payments. I did manage to get back on track with them but in the last 3/4 months i have been struggling to make any sort of payment.

 

I have phoned them and explained an they have been helpful once, by allowing me one months grace but expecting the payments to go back to normal.

 

I did explain i wouldn't be able to do this as the payments are too high for my outgoings to afford.

 

After numerous phonecalls and letters i got home from work today and a nice claim form from my local court was there to greet me.

 

They are asking for the whole £5k to be paid at once which i haven't got a prayer of doing.

 

I have filled in the form accepting the debt (it is mine, they responded to my cca request with a signed credit agreement etc) and i don't want to run from the debt anyway.

 

I have listed my outgoings on a sheet showing that i can only realistically pay £50 per month (and that is stretching it)

 

I haven't sent the form back yet as i thought i would get some advice from this lovely site.

 

I already have a CCJ and a charging order on my home for another creditor so will my offer be accepted??

 

The co by the way is Black Horse

 

Thanks for listening

 

Dave

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Hi there, is the loan secured on the car, or was this a personal loan?

 

Kind Regards

 

Ell-enn

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It was done as a personal loan. I thought it was HP but it wasn't...

 

But the car is out of the equation as i had an accident in it (and had no insurance) It was written off. My stupid fault but i can't even redeem any money back on the vehicle...

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OK, send back the admission showing your income and expenditure BUT don't stretch yourself too far - if you make an offer to pay more than you can comfortably afford and then default you will be in all sorts of trouble. Much better to inflate some of your expenditure (travel costs, meals etc?)in case you have an emergency expense one month. If you think you will struggle with £50 per month offer £30. The court should only set the payments at what you can afford in line with your income and expenditure form

 

Unfortunately this will mean you have a CCJ, but if that's the only option I'm afraid you will have to bear it.

 

Glad to see you are taking responsibility for your debt - Blackhorse will just have to take what you can reasonably afford.

 

Good Luck and please keep us informed of your progress.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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