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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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Non compliance of CCA request.


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I have been paying off an American Express debt to RMA Resolve for about 7 years. Last July (2007) I requested a true copy of my cca as well as a balance of the account. I'd asked them to send this info by recorded delivery and supplied them with a cheque to cover the cca and the cost of recorded delivery. This cheque was cashed by RMA in the space of a couple of weeks. In the time since I had continued to pay the monthly payments but I had heard nothing from RMA. This month (Feb 08) when the next payment was due I sent them a letter to inform them I had given them more than the requisite time to respond to my letter and that I was informing their local Trading Standards Office of their non compliance of my request and no more payments would be paid until they had responded to my satisfaction. I also asked them not to contact me by telephone or expect me to telephone them.

I wrote to Lancashire Trading Standards (RMA's Local TS) and informed them of what has happened but over two weeks have passed since then and I have not received any response from Lancashire TS.

Yesterday RMA telephoned whilst I was at work but left a message for me to ring them today (which I won't).

What should be my next plan of action?

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Are there any other bodies I should inform of the situation.

I've read in other threads concerning CCA Request non compliance that I can use this to negotiate a Full and Final Settlement of the debt. Is this a wise course of action. The only problem I can see here is that RMA claim to be a telephone based agency only and do not communicate by letter. If I were to ask for a F&FS I would not get a letter from them agreeing and saying the debt was considered paid and no further claims would be made on the debt by themselves or anyone else.

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RMA can claim to be telephone-based as much as they like; if you choose to communicate only in writing, that's what they'll have to do.

 

The OFT Guidance on Debt Collection (which they are obliged to comply with under their Consumer Credit Licence) states that failing to comply with a debtor's wishes regarding when and how they are contacted is an 'unfair practice'.

 

In my dealings with RMA and Amex, I told them all communication had to be in writing. When they phoned, I made a formal complaint, which they forwarded to Amex. Amex subsequently agreed with me that the call was inappropriate, and also breached the Data Protection Act. As a result, Amex took the account away from RMA. Whilst Amex were investigating, however, AIC suddenly found themselves able to comunicate in writing! I noted that other than template letters, all correspondence came in hand addressed envelopes; the contents were invariably poorly laid out and written. I suspect that they simply do not have the capacity to produce 'real' letters easily, and since it's also much easier to lie on the phone, that's why they don't like writing.

 

Of my four Amex accounts, all they've been able to produce is application forms; none contain the prescribed terms and are unenforceable.

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