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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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Natwest& Triton

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I CCA'd Natwest and received their reply last week and it turns out that my CCA is enforceable as has all the prescribed terms/signatures etc everywhere where it should.


Trition have sent me a settlement figure circa 15% reduction and as I have the money now I want to settle this ASAP with them.


I am though writing to Natwest to ask for my credit card charges back at the same time so I am just wondering on two points really:


a) If I take the Full & Final Settlement does this hinder/not allow me to reclaim the unlawful charges on the account if I have settled this.


b) As they do have a valid CCA and i am not disputing this, is this normal reduction for the F&F settlement or should I be trying to push for more (15% reduction has taken ages for them to accept!!)


Your views would be most appreciated

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Firstly I would write to the DCA saying that the account is in dispute due to their being a substantial amount of charges and say that it may even be the case that Natwest owe you more than you owe them (they may get very, very nervy at this and come back and say whoops ok well we'll offer you a 50%+ discount)....at the same time get all your charges back + 8% compounded interest......and as long as you have a F & F in writing and a recepit for your payment then you should be ok.....

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The charges amount to around £100 so it is not much, approx 3 years!! so probably inc intrest will be £125.97 (using 8% compound intrest) as a claim figure.


Amount Owed: £800


F&F Settlement: £670


This is worringly like my bill and they have then knocked off my charges and offered this as F&F.


I just wanted to double check that I can take the F&F and then claim them for the charges so I will then get an extra £130 knocked off in essence so I would of only paid £540 if you get my drift!!


Has anyone else done a F&F settlement and then claimed against charges when you have been given a reduced settlement( can/would the banks use this against you??)

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I would call their bluff, if you write to them and tell them that although you are checking you feel that if Triton have bought the debt with the rights and duties then you feel that Triton may owe you more than you owe them, on this occasion you are prepared to make an offer of £200 ex gratia as a F & F !!!

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Just got one of them stupid texts off them asking me to contact them urgently. When I called them out of intrest I said to the girl "So you have accepted £500 as a F&F settlement figure then!!" The poor girl didnt know what to say and apologised saying I received it in error as she could see Natwest have called them today re this.


I think I am going to settle now to get it out of the way with now while I have the money and then try to reclaim my charges back as Natwest confirmed just now that they are treated seperatly ( I asked them to put this in writing of course!!!)


Thanks for your help

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  • 8 months later...

Hi All,


I need some more help please with another creditor, I have CCA's them twive and both times received back this credit agreement with the T&c's, is this enforceable and what should i do next




Any comments would be appreciated!

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