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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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Panic!!!


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If the DCA is the company that is suing, then they must fulfil certain criteria to be able to collect the debt.

 

They must have sent you a notice of assignment, and they must have a Document (or deed) of assignment. A notice of assignment must be served upon you in order for a DCA to have a claim to the debt. This Notice of assignment must be absolute, that is that they must have all the rights and duties of the contract, in order to sue in their own right.

 

If the notice of assignment is not absolute, you have every right to object if any case that does not include both the original creditor, and the DCA.

 

Also, if the notice of assignment is not correct, that is it includes unlawful charges or incorrect data, it spells your name, account number, address, or any other detail incorrectly, it is likely to be invalid.

 

If a DCA were to fail to provide such a document, there would be no case to answer since they would have no clear right to the debt. These are technical points, but they are vital points –

 

No Notice of Assignment = Case Struck Out.

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Ok a few things you should do when dealing with a DCA.

 

NEVER talk to them on the phone as they will say anything to secure payment. Keep EVERYTHING in writing as this will supply a paper trail should the need arise.

 

Admit NOTHING. DCA's are commission based "agents" and are looking for any admissions that they can use as leverage. It is the DCA's job to prove the debt is owed and valid, not yours to do their job for them.

 

Stay calm. If there is a debt to pay, let it be on your terms.

 

Always deal with DCA's in a professional manner. Don't rant and rave and make threats. Remind them that everything is now to be done in writing.

 

With regards to the signature, ask them to send the paperwork you have requested to your branch, where you will collect your paperwork from the staff there, and will provide ID.

 

Do not sign anything at this stage.

 

Are you sure this is a Notice of Assignment and not a Statutory Demand?

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WARNING TO ALL

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You should try and get some rest and come back tomorrow when you are not so tired. It is a worry which can be sorted out. I am off for the next few days, and will pop in to see how you are getting on.

 

The others on this thread are very good at what they do and know, so don't panic.

 

If you can't scan in the letter you have received, can you type up what it says for us tomorrow?

WARNING TO ALL

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