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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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Account sold means account closed???


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Hi there,

 

Have a few debts with various companies (I'll put em at the bottom) and was wondering if anyone on here could clarify a couple of points for me as Im a bit unsure.

 

Im trying to get to grips with all my debts and improve my credit file at the same time. On this basis, I am going to write to a few old debtors about the removal of default notices from my credit file, as the accounts have been settled some time ago, from what I have read there are routes that you can go down to do this. With regards to the removal of default notices, I gather that the account needs to have been terminated with the original creditor for you to have anything to stand on when requesting this, so what I need to know is (finally got there!) if an account has been sold to an external DCA, does that count as the account being closed with the original creditor and give me something to go on when requesting a default removal?!?

 

Or does the debt have to be paid off / settled with whoever it is with presently for me to have any chance to begin with.

 

I hope that all makes sense. Any help of advice would be much appreciated, as I need to try and get my mess of a credit file sorted at some point!

 

Chin

 

Citifinancial (now with 1st Credit) £3500

MBNA/A+L (just sold to Equidebt) £1050

O2 (sold to Lowells) £650

Vodafone (sold to Capquest) £250

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Hi chinbo99 :)

 

I would have thought that is the debt is sold off to a DCA then the account with the OC is closed, if it is written off by them that is, but I am not sure.

 

I have a situation where the OC has written off a debt but the DCA has returned it back to them, so I have no idea what will happen.

 

Good luck :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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Thats basically what I was thinking ananya. As most of my debts have been sold to DCA's now, I will probably send off CCA's to them and see what happens. Hopefully that will give me some joy going about it that way.

 

However its done, I really need to try and get rid of the debts somehow and try and clean my file up, as although I don't owe much, with the current payments I have in place I'm going to be paying them off for the next 10 years or so!

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It really depends on exactly how they have been "sold".

Bear in mind there are two main routes for assignment; Equitable and Absolute.

Under equitable the OC still has a say in how the debt is pursued. Basically the DCA cannot take any legal action without the OC's consent.

 

Absolute assignment, as the name suggests, is when the entire debt, all rights and duties are sold to the DCA. In this case they can take any and all steps they feel are needed.

Be VERY careful whose advice you listen too

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Right ok, that makes some sense, thanks curlyben.

 

Im pretty sure that my MBNA debt that has been sold is an absolute one as MBNA have sent me a letter saying for anything related that debt I should contact the new "owners" and not them.

So, is that worth a CCA request and see where it gets me?

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Yes, I'd send a CCA request to them and see what arrives.

 

Remember don't sign it!

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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