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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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hello


foxlady
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thank you to the help i got ill send today but bcw is a night mare im so ill i quit my job there hounding me for a bill i accept but took 3yrs for them to send i didnt hide either but the very nice man alan who phones my home and mobile all day 15mins apart is making me suicidal

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dont let these bullyboys get you down, they have less rights than they claim to have.

when they ring you just inform them that all corespondance must be in writing and then hang up, you could also call his bluff and tell him you are now recording the calls and he will be reported for harrasment.

you will find some good advice here and the strenghth to fight back against these muppets.

have a good look around the forum and you'll get a sense of how many people felt there was no way out to begin with but with the help of CAG are in fighting form

good luck and dont let them grind you down :)

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ok well it started in march 2005 we took a pub on and the swalec electricity forgot to put our bill on the grid so we got a 2000 pound bill we tried to pay in bits then we moved bcw just before xmas demanded full 4ooo pound payment but i tried to pay 5oo then a 2x 250 payment everymonth im on sick now i cant pay it ive no money he asked my hubby to pay the bill the bill is in my name he wanted him then to pay off my card as i was in bed ill then i flipped this man has toldme his boys will be turning up at any time to get payment as in ie goods or money but only one letter i have from then when i replied he took both land and mobile numbers also ive now changed mobile i couldnt cope with him calling i was driving one day he shouted at me when i shouted back he told me he was now recording me i hate this man hes rang 7 times this morning i wont answer phone i dont know what to say to him but the bill was not this big my blood pressure is so high i feel desperate i dont know what to do i accepted i owe money but cant do anything

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Foxylady i dont think my earlier advice of sending CCA request will be the right thing in light of this being a utility bill debt.

they can not harress you like this though and they can not make your husband pay if the bill is in your name only.

what does bcw stand for and who is the company that is now chasing you for this money?

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This is blatant harrassment....are they bailiffs or just doorstep collectors ?

 

OK first things first....if you have an address for these 'boys' you have 2 options....go down to your local police station, go to the desk and get them to call these guys to ask when they would be calling next time as the police would like to be in attendance....(I am serious)

 

The other option is to send them this letter...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

-------------------

Make a note of all the times they call you and the dates.

Also a debt can be disputed at any stage (especially now you know your rights).....let me see if I can dig out a letter getting the debt company to itemise exactly what you owe and what you have paid so far (any CAGGERS have a letter ?).....there is a good chance that some excessive charges may have been added too....

You need to try and get everything in writing....if you can.

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ok yes thats them so im going to send off this letter because its the calmest thing to do ok and the scottish power swalec told me they sold the debt to them and bcw say no they are the client still i dont know who to believe

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someone give me BCW's number i think ive found todays victim.....

 

Foxy lady , I know its hard when they are on your case but pick up the phone dont speak just pick it up and then put it down , at least then the calls will cost them .

I will be ringing these clowns today if i get a number and trust me they will be earning there money today ,

 

regards

 

LB

CAG v dca

 

CAG EVERYTIME .....

KEEP RIGHT ON TILL THE END OF THE ROAD ........

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excelent letter 42man

foxylady i ve just ahd quick look round the utilites section and it may be worth you contacting energywatch.

dont sign your name on any letters you send them, just type it so it cant be copied.

one tactic i used when i kept getting phone calls from one DCA was to keep saying hello hello hello hello in a sing song voice, they soon hung up and eventually stopped ringing me, cheered me up to :)

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Edit to suit foxylady

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I would like to point out that I would like clarification of this debt, any payments made, any charges that have been added to the account, copies of default notices and statements.

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

Also, please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

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