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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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Who Do I Send Sar Request Too?


debt4get
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Have a disputed debt with crapbot have sent for cca but they say they do not have to supply but to be helpful they will try, the original debt they say was with providian now have googled that but they appear not too exist any more, I've actually being paying on this debt 5 pound per month for about 2 years it was only when cabot wanted to put up payment that I found out what debt it was for dont remember ever having a card with providian, told cabot im not paying any more sent off pound which they sent back, would like to sar but dont know who to send it too im betting if cca is valid that the debt is most likely down to unlawfully high bank charges which im gonna claim back

any suggestions greatfully accepted

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Until Cabot comply with your lawful request there is nothing further to do.

Save your S.A.R until a compliant CCA arrives.

 

Cabot do like to cloud the whole CCA/creditor issue, but at the end of the day they MUST prove that they have the legal right to collect this debt.

Be VERY careful whose advice you listen too

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no to cca yet, but like I said in my 1st post to whom do I send in my request for SAR when time comes?, providian no longer exist and Im pretty confident they are not going to come up with cca, have told them they have 12 days or they will be in breach

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sorry curlyben must have been writing mine whilst u were replying, so I take it its just a waiting game for them to prove legal right to collect if they come up with cca will come back then and ask thanks for the info

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You've done the right things so far Cabot have got to answer your bona-fide request for a CC Agreement, without it they cannot enforce the debt....if they have purchased the debt then they DO have the rights and duties and they have to provide it, if they don't you must complain to the FOS, Trading Standards and the OFT.....Also while you are disputing the debt they are not allowed to pester you if they do it can be construed as harrassment, if they do try and ring or send a shirty letter saying pay up they are in breach of a variety of guidelines....let us know when (and if) you hear back !!

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