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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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Great Site but what is a CCA?


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We are, to our absolute total incompetence, change in work etc etc.. £80k in debt. We originally agreed a repayment plan with our creditors but this was still not workable. we then contacted CCCS in December 07. I must admit they have been very helpful and all our creditors are now getting paid something - payment to cccs is £355 pm. Although cccs have advised us that a few of them have not agreed to the repayment amount, we have only heard from one (Lloyds tsb Credit card - which funny enough is one of the lowest debts).

 

Now we have had some breathing space of a couple of months, we have been thinking of remortgaging. We do have quite a bit of capital in the property. I know this is usually a no no of an idea, but the thought of having to pay cccs for the next 15 years drives me mad.

 

What sort of full and final settlement figure could we be looking at with companies such as MBNA, Lloyds and Cahoot. If the settlement figure was too high then we wouldn't continue anyway - we are not going to swallow up all the equity we have.

 

Reading through this site, which is fantastic, I have noticed comments such as 'have you checked that they are CCA enforceable' .

 

What is CCA? Is there something else that I do not know about, that could help our negotiating?

 

None of our debts were secured on the property.

 

We also have about £2,500 of Lloyds Bank charges that we are compiling at the moment. This was mainly due to them bouncing D/D's, but at the same time they were still taking their loan repayments from the account which in turn took us over the limit (They refused to pay anyone else to keep us under the overdraft limit but paid themselves) they then added charges because they continually honoured their own payments. But hey that's Lloyds!

 

Reading on the net about claiming bank charges, it does stipulate that the FSA have asked the banks to continue assessing refunds in cases of hardship - don't we qualify as hardship when cccs are handling our debts and lloyds bank have been accepting these payments? We will give it a go anyway.

 

Any comments would be really appreciated, especially explaining CCA, and what would be the norm, for full and final settlement figures.

 

This is a really great site by the way - the information that flows is really interesting. Well done and glad I found it.

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CCA = Consumer Credit Act (usually 1974, in this context).

 

A lot of debts turn out to be non-enforceable because they do not comply with prescribed terms, or because the creditor doesn't have the documents to prove that you owe the debt, this is especially true if you have debt collectors hounding you, as they have often purchased the debt for peanuts from the original creditor and you have therefore no contractual obligation with them.

 

As for the bank charges, it is disgraceful, but the reality is that hardship or no hardship, you are probably wasting your time trying to claim this as this stage to have your claim proceeding, as you will get stonewalled anyway. You should concentrate on the debt side for now, and put in your claim for bank charges regardless so that they are in the system, especially if some of them are close to the 6 years limit.

 

Oh, and keep on reading. The more you read, the more it will fall in place until it is as easy as making a cup of tea. ;-)

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Luky for us we have not had the experience of debt collectors. We managed to keep everyone happy but when we were unable to do this any longer we got the CCCS involved which has shut most of them up for the time being. The one that is making noises is the £2k debt on a Lloyds credit card (like I said this is one of the smallest debts). They sent us a Default notice and stated that we hadn't contacted them. I sent a response by recorded delivery the following day asking them what file they had been reading. We sent them a breakdown of our finances in August 2007 and requested a repayment plan - we received no response to this one. We then wrote to them again in November - asking the same. Still no response. We then wrote to them in December with the repayment plan details from CCCS - no response. CCCS contacted them also in December and January - no response apart from our recently delivered Default Notice. What a bunch of plonkers - no communication in deed. CCCS are still paying them some money each month though so at least they are getting something. I also explained in our recent letter that all the other accounts/cards we have with Lloyds have accepted the CCCS proposal so why hadn't they? Be interesting if we actually get a response this time - who knows.

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