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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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ccj but no cca provided


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i cca'd blair, oliver and scott for a credit card and received from bank of scotland a reply dated 29/1/08 that they are 'sorry i am unhappy with service' etc. and i will receive a reply in 4 weeks.

 

today, i received ccj (northampton court) form.

is there a letter i could sent to BOS as i have not dealt with a ccj form before?

 

thanks

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The court form needs to be addressed directly, unless BOS withdraw the claim, you will have to defend the CCJ yourself. they won't do this until you have proven you aren't going to ay down for them and you are going to fight it in court.

 

A lot of companies do this and get CCJ's by default

 

You can acknowledge service by going to the following website

 

Her Majesty's Courts Service

 

You can then request from BOS basically everything they have on you.

 

They will still have to produce the agreement in court in order to get the order

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DCA Name and Address

Try this

 

 

quote:

 

ACCOUNT NUMBER: xxxxxxxxxxx

REF: xxxxxxxxxxxxxx

COUNTY COURT CLAIM NUMBER xxxxxxxxx

 

Date

 

To whom it may concern,

 

RE: CIVIL PROCEDURE RULES REQUEST - DO NOT IGNORE

 

I/We have received a recent Court claim filed by your Company. In order to file a defence and counter-claim I/We requires that specific information regarding the account to be provided forthwith.

 

Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished by the [Date], which gives you 14 days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

A true copy of the executed agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

All records you hold on Mr xxxx relevant to this case, including but not limited to:

A transcript of all transactions, including charges, fees, interest, payments and the amounts of any repayments made to the account.

Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by My/Ourselves with your company is required.

True copies of any notice of assignment and/or default notice or enforcement notice that you sent to Me/uS, with a copy of any proof of postage that you hold.

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

A genuine copy of any notice of fair use of mY/oUR data as required by the Data Protection Act 1998.

A list of third party agencies to whom you have disclosed My/Our personal data and a summary of the nature of the information you have disclosed.

Copies of statements for the entire duration of the credit agreement.

Any other documents you seek to rely on in court.

A copy of your complaints procedure.

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying Me/Us the opportunity to file a defence and counter claim.

 

Your sincerely

 

Mr xxxx

 

 

Unquote:

 

Dont sign it and ensure it goes off registered and retain the usual proofs of posting and receipts

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