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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
      • 162 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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T-Mobile, Hamptons Legal, Lowell Portfolio, Red Debt Collection


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Hi,

 

This is my first ever post so hope I do it right! I'm desperately looking for help regarding a debt I allegedly owe to T-Mobile. The history of it is that I had a T-Mobile contract in approximately 2003, after a year I changed to o2 and cancelled my T-Mobile contract. I will hold my hands up and admit that due to personal problems that I was having around this time I didn't pay the final payment for ages until they sent a debt collector round to my flat. I met him and paid the outstanding amount (around £30) and then thought no more about it. To the best of my knowledge (given how long ago it was) that was the end of it. This week I have received 3 letters all dated last month (2 from Hamptons & 1 from Red Letter) which were sent to an address I haven't lived at since 2005 so have only just reached me. All 3 say that I owe T-Mobile £85.30 and basically that if I don't pay up there will be court action, agents calling, bailiffs etc etc etc. I rang Hamptons and told them that I was disputing the debt and explained the history of it. They said that unless I could produce proof that the final payment was actually the final payment and not just an installment then I basically didn't have a leg to stand on. I disagreed with that and requested proof of the debt because as far as I am concerned I do not owe them any money. He said that the only information he had was that they had bought the debt in good faith from T-Mobile last month. I said he would have to get more information and send it to me and until they could provide proof of the debt I would continue to dispute it. He said he would find more information but in the meantime they would continue to chase the debt by way of ringing (they have an incorrect phone number so that's not a problem) writing and sending their agents round, they do have my correct address now so I'm scared sick that they'll come banging the door down.

 

Should I just pay the £85.30 to get them to leave me alone? Any advice gratefully received

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Absolutely DO NOT pay them a penny.

You have hit the nail on the head by saying that the debt is in dispute.

 

Second of all - NEVER PHONE these people again - things that are said on the phone can be denied later. Insist that they only contact you only in writing.

 

The fact that Hamptons bought the debt in good faith is Hamptons affair, not yours. Why should you care that they may have bought a debt that they cannot enforce? Just deserts in my opinion.

 

Don't worry - In order to send a baliff to your home, they will need a court order. It's unlikely that a court would order such an action whilst you dispute the debt.

 

I'd advise you to write to T-Mobile and ask for copies of both the original contract and a statement of account. Clearly state that you dispute the monies allegedly outstanding, and ask them to instruct 'the dogs' to cease their collection attempts, until an amicable resolution can be found.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

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Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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