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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
      • 161 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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More bad news, this time Link Financial


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:Cry: Fresh on the heels of Bryan Carters court claim I've received a letter this morning from Link Financial over a hire purchase agreement I have with Ford Credit.

 

I bought a car in November 2003 from a Ford dealer and took it on hp over 5 years. Last year I had a couple of months off work through sickness and fell into arrears with Ford Credit. I ended up in £800 or so of arrears and defaulted on the account. Two days after the default I cleared the arrears and then began paying as normal which Ford were happy to do. Two or three months later I get a letter off Ford telling me that 6 weeks prior to the date of the letter they had passed the account over to Link Financial. :???: I rang Link up and transfered the standing over to them. But, foolishly, over Christmas I was strapped for cash and I cancelled the standing order. Then I forgot about it until February and have just ignored until now. So by my reckoning I'm three months in arrears which is about £664.

 

Someone tried ringing me on Saturday morning at 7:50am when I was at work, and after Googling the number I found it to be Link Financial. This morning I've received a letter which says, "We have been instructed to issue County Court proceedings for the return of goods subject to the above agreement. Proceedings will be issued within the next 48 hours if we have no response from you".

 

I tried ringing earlier but the lady I spoke to said the Litigation Dept was busy and they'd ring me at half 12. Still waiting. :rolleyes:

 

Can someone advise me where I stand on this issue? Once the arrears are sorted I can pay the monthly payment no problem, just I need the vehicle for work.

 

The past few days have taught me a harsh lesson, and I really need to face up to my debts before things get really out of hand. I feel like I can't breathe at the moment I'm so worried about my finances.

 

Anyway, can anyone give me some advice.

 

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To start with, don't talk to them on the phone - keep everything in writing.

 

What happens next really depends upon whether you are in a position to settle the arrears.

 

Well I'm not in a position to clear the arrears in one go. ;) Would have to be payed over 2 maybe 3 months alongside the normal monthly payment.

 

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Okay, they've just rang me and they are after either the vehicle back or £2517, which is what is outstanding on the vehicle. Obviously, I haven't got £2517 to give them and handing the vehicle back to them is not really an option. She then said how about clearing the arrears of £663. I said not a problem at the end of the month to which she replied that because I've received the letter notifying me of the impending court claim, she can only give me two days to find the arrears otherwise they'll go to court. She said, "how about you borrow the money off someone?" :rolleyes: Can anyone tell me where I stand?

 

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They're breaking OFT guidlines by asking you to borrow the money.

 

As far as anything else is concerned I'm not up on hire purchase agreements, although I think if you've paid a certain percentage they have to be reasonable. I may be wrong so check.

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If you've paid more than a certain amount they can't force you to return the vehicle, from 2005 to 2008 is three years or so and you should have paid over half in that time - check your agreement as they may again be forcing you to do something that isn't in the agreement.

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