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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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BCW & Cat debt


purp751
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purp, the situation is quite clear here. First thing I should add is DO NOT get stressed over any of these letters coming to you. It all feels VERY personal right? Wrong....

 

These are classed as threat-o-matics, letters than are computer generated and mass churned.

 

Did you send the prove it letter recorded (and NOT signed by you of course)?

 

If so, reference the date they signed for it against the date of the threat-o-matics, is there any cross over? If so, oh well its just bad timing.

 

If not, send them a letter like this:

 

Dear BCW,

Thanks you for you letters threatening legal action, they have been noted and kept for complete audit.

 

I am concerned with your conduct on this case. As member of the CSA, you will be aware of The Office of Fair Trading: Debt Collection Guidance Section 2.8, Subsection 'i' which clearly describes a deceptive and/or unfair method as:

"failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued"

I would also like to direct you to The Office of Fair Trading: Debt Collection Guidance Section 2.8, Subsection 'k' which clearly describes a deceptive and/or unfair method as:

"not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

I now have evidence that BCW has contravened this guidelines in at least two occasions despite the fact that I have already acknowledged NO liability to the sum outstanding. Please be aware that further contraventions will be reported to Trading Standards and the Office of Fair Trading.

I will refer you to my letter dated which was sent to your registered office recorded delivery via Royal Mail however in respect to clarity, I have attached said letter.

As requested, I require you to provide evidence as of my liability for the debt in question and if no such proof is provided, I require written confirmation that this account is closed

 

Yours Faithfully

 

Me

Edited by Captain Spaulding
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Cheers BB, I've updated to take into account the OFT Guidelines rev 2006. Feel free to use/alter as you like

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Awesome! Don't send the cheque, this is only a prove it letter not a CCA request!

 

Post back when they reply..... Oh n don't stress!

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Exactly the same letter I got when I sent them a prove it letter. Now, just sit back and wait. You are correct, the term 'invoice' is misleading. Unless its a executed CCA then you're laughing!

 

Dont forget that the prove it letter is the start of the process, next steps are CCA's and statements, then you could go for SARs etc etc....

 

I learnt quickly that its one step at a time, you make your move then see how they try and counter it. Based on what they provide will create the strategy behind your next move ;)

 

The answer to your question on how many people put up with being bullied by these cowardly thugs - hundreds of thousands!

 

The tide has turned!

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The 'invoice' bit is standard spew from these miscreants - whilst the logic of it remains unknown, ******* on their brigade seems great fun!

 

I'm also awaiting the 'invoice' (oh and the threat-o-matics have stopped), cant wait to get it as I think I will be quoting the limitations act :p

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purp, dont worry about it. Send the 'prove it letter' recorded delivery and dont sign it.

 

This should put your account in dispute (which should then stop the threat-o-matics)

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