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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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Cap1/Debitas/Frederickson-V-Creditcardmug


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Update

Had reply from them today, re my letter of post 22, Acc on hold for 15 days to enable YOU to contact OUR CLIENT to obtain the info you require (i.e.) a notice of assignment to freds.

I think not.

If they think they have any right to collect, they should contact THEIR CLIENT, to provide ME with it.

 

Meanwhile the T..Pot phone calls continue Yawn.................

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...
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Hi again

I didn't bother to contact THEIR CLIENT for the info that freds are reqd to supply, and iv'e heard nothing since??

Wonder whats going on, could be the calm before the storm??

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Update, Bryan Carter solicitors have now appeared on the scene, letter from them yesterday, you have 7 days to pay in full or legal action will follow without further notice (letter took 5 days to arrive).

But it also says:

If you dispute liability please state your reasons in writing and supply us with documents in support of your defence to any claim. If you fail to notify us of any potential dispute prior to issue of proceedings and you subsequently file a defence to any claim, WE RESERVE THE RIGHT TO SHOW THIS LETTER TO THE JUDGE.

 

So they want to see my defence before issuing a claim, otherwise they will say i didn't follow pre-action protocol?

 

Any advice as to where i go from here?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Dear Bryan

 

Your clients have failed to comply with my LEGAL request under S77/78 of the CCA 1974. I should therefore be pleased to see what documents they or you will be relying on in support of this vexatious claim. I have numerous copies of letters and requests to your client which I will be relying on in Court to prove their failure to comply with my LAWFUL request.

 

Im sure I do not need to remind a solicitor that its up to you and your client to prove a debt exists not up to me to prove the contrary

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Thanks ODC, i will write along those lines, i just think it's a bit much trying to almost blackmail me into disclosing what my defence might be , before they have even filed a claim, and knowing their client has not fully complied with my legal request.

anyone have anymore thoughts on this?

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Any update?

 

I am going through similar problem with Cap 1

 

Sparkles

 

Hi nothing more yet, will update as soon as.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Still nothing? ********! :)

 

Sparkles

 

HI sparkles, still nothing more yet, would you believe, will update as soon as

Regards CCM

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...

That would be a claim for an alleged debt that they havent supplied the CCA for

 

Dear Fred

 

As you have failed to comply with my LEGAL request under S77/79 of the CCA1974 I would welcome the chance to ask a judge to ask you to explain why you have not complied.

 

I do not fear you or the ubiqutous Mr Carter as I know that without a valid CCA you claim is doomed to failure and indeed making such a claim could be seen as vexatious and possibly unlawful.

 

So go ahead and make a fool of yourselves even more

 

yours etc

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That would be a claim for an alleged debt that they havent supplied the CCA for

 

Dear Fred

 

As you have failed to comply with my LEGAL request under S77/79 of the CCA1974 I would welcome the chance to ask a judge to ask you to explain why you have not complied.

 

I do not fear you or the ubiqutous Mr Carter as I know that without a valid CCA you claim is doomed to failure and indeed making such a claim could be seen as vexatious and possibly unlawful.

 

So go ahead and make a fool of yourselves even more

 

yours etc

 

 

I like, I like a lot :D

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  • 3 months later...

Update, letter from Cap1,

 

Freds are no longer managing the acc, which has now been returned to us....you must pay immediately etc...blah

 

They didn't bother to tell me they had passed it to freds in the first place:confused::confused:

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Well i've still not had a valid enforceable CCA from either freds or Cap1, so as far as im concerned its still in dispute until i get something compliant.

 

Interestingly if their intention was to sue they would have left it with Freds, who presumably would have had Carters issue a claim..... just my thoughts.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 3 months later...

Oh dear passing on a debt whilst in dispute of your CCA request. Naughty. Once the Leeds Losers contact you send them the 'bemused ' letter or if you have a spare quid CCA them for some sport. You know that no enforceable CCA exists so you can enjoy the increasingly threatening letters from Leeds along with the silly postcard and the threat of a visit from their imaginary Licencsed Field Agents

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Thanks ODC, i was hoping for some encouragement from you...i think i might do the CCA thing....just to make it all the more interesting, you understand:D

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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does she spit aswell??

 

am dealing with these at present, sheesh i get a better respose from a brick wall.

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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