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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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who to take to court


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I have tried to have default removed , tried credit reference company and tried company who placed default. I have even tried to have automated searches removed all to no avail.

 

who do I take to court under the data protection act is it cra's or company who placed default.??????????????

 

I have tried all avenues and court appears the only solution..... These companies are hiding behind information commissioners statement, something needs to be done....

 

Can we not start a group action or ask a company to start a super complaint.... any ideas maybe even martin lewis could highlight data protection issues....

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi Fergal,

 

Many of us are doing exactly that...Taking these companies to Court for their assumptions and clear lack of legal understanding...

 

You need to take the Creditor to Court. But before you need to be able to show you have tried to sort out of Court first then warned them that you will be taking legal action...

 

The process is simple enough if you hunt around on here for POC's etc. Just ask if you need help, but I'm sure you'll be fine.

 

If you need help post it up and many will add their two bits...

 

 

All the best

 

Penfold

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hi does anyone have particlars of claim so i can complete online... I can not find for having satisfied defaults removed...

 

also has anyone successfully had automated searches removed...

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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i take it this means the current creditor penfold... if the OC has sol dthe dbt to a DCA, and the DCA ha sregistered the default (as in my case with capquest) i assume it is the DCA (current creditor) who we take action against?

 

 

I would imagine it is the person who id continuing to process your data...In my cases they are all still the original creditors processing...bless their cotton socks...

 

There is no guarentee this will work, nor am I advising anyone to do so...Merely stating that I will be soon enough.

 

Penfold

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