Jump to content


  • Tweets

  • Posts

    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5802 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

Can you please tell me how or what i would need to see to make a levy on my car legal.

 

After receiving the SAR back, i read that there was a levy made on my car. It was on the driveway when the HCEO made his first visit. No entry into the house was made nor anything signed. I have never seen any paperwork relating to this except on the SAR.

 

How long is it valid ? ( if valid at all )

 

Thankyou

Link to post
Share on other sites

If the car is yours and it's not subject to finance then the levy could well be valid. Some will say it needs your signature. Seek further advice.

 

The debt must be more than £600 to be transferred up and enforced by an HCEO. If you can satisfy that your case could have been handled in the original court, then you can contend the claim is vexatious and you can ask for the fees back on the basis the transfer up was solely to obtain higher enforcement fees than they would otherwise have made.

 

I don't think there's an end date on a levy, but some types of debt must be satisfied within a time limit, e.g. Child Support Agency bailiffs have 90 days.

 

If you don't have a copy of the levy then make you car safe or put some finance on it with logbook loans.

First to fly the Airbus A380

Link to post
Share on other sites

 

If you don't have a copy of the levy then make you car safe or put some finance on it with logbook loans.

 

Sorry WWOW your advice is nearly always spot on but to advise someone to put finance on a vehicle with log book loans, i find this to be totally ourageous, you only have to look around this forum to see all the problems with such companies and you advise this, IM SHOCKED :o

 

And for what to try and avoid paying otherwise amounts to evading distraint!!!!

Link to post
Share on other sites

Logbook loans might have a reputation, but they hold a Cat A and C consumer credit license so you cannot describe them to be a 'shark'. There is plenty of recourse if a consumer is defrauded by logbook loans.

 

It provides a good way to dispose of vehicles quickly and cheaply.

First to fly the Airbus A380

Link to post
Share on other sites

WWOW whilst an admirer I have to agree with Kermit to involve LBL would be a unmitigated disaster as apart from their extortinate

rates any recourse sought against LBL will be fraught with problems as they certainly don't play by the rules

Link to post
Share on other sites

Logbook loans might have a reputation, but they hold a Cat A and C consumer credit license so you cannot describe them to be a 'shark'. There is plenty of recourse if a consumer is defrauded by logbook loans.

 

It provides a good way to dispose of vehicles quickly and cheaply.

 

So let me get this right your advising the post er to get in to debt to avoid a debt?????

 

edited by myself as i thought the last sentence may have been uncalled for

Edited by kermit2482
Link to post
Share on other sites

Officially LBL is bona fide and can legitimately trade in consumer credit according to the Consumer Credit Act. It cannot be considered a shark or to be trading in unlicensed consumer credit.

 

This is nothing about avoiding liability for a debt. Anyone is at liberty to dispose of their goods provided they are the lawful owner.

 

Funnily enough I just visited LBL's website and my firewall went completely nuts saying the website is trying to download a virus. Maybe I misjudged them.

First to fly the Airbus A380

Link to post
Share on other sites

no one claims they are but if that's all you know about them then I think you should do some research before suggesting them as a solution for anything to other members........... frying pan into fire comes to mind

Link to post
Share on other sites

You are indicating Logbook Loans are fraughts with problems and doing business with them would be an unmitigated disaster. On what do you base that assertion?

First to fly the Airbus A380

Link to post
Share on other sites

You are indicating Logbook Loans are fraughts with problems and doing business with them would be an unmitigated disaster. On what do you base that assertion?

 

 

I have seen many threads on this forum which might suggest to people that this company could possibly be less than desirable, But of course thats each individuals choice, enough said dont you think!!

Link to post
Share on other sites

with the greatest of respect the OFT allow most DCA's to operate a credit licence and look at the way they treat people not only breaking industry guidelines but the law also!

 

I dont think getting into debt with a company such as LBL who have a terrible reputation and also charge very steep interest rates is a good idea in my opinion

 

I would suggest if you do owe the money to at least try negotiating with the Baliff first however we do need more info about what the baliff is levvying for :)

  • Haha 1

claim v natwest WON!

 

all posts made by myself are without prejudice

Link to post
Share on other sites

with the greatest of respect the OFT allow most DCA's to operate a credit licence and look at the way they treat people not only breaking industry guidelines but the law also!

 

I dont think getting into debt with a company such as LBL who have a terrible reputation and also charge very steep interest rates is a good idea in my opinion

 

I would suggest if you do owe the money to at least try negotiating with the Baliff first however we do need more info about what the baliff is levvying for :)

 

 

I could not have put it better myself

Link to post
Share on other sites

WWOW Forgot to say I notice from your post you quote the CCA 1974.

 

The 74 act does not apply to these agreements. They are based on bills of sale (Property Act) much like a pawnbroker. As soon as the BOS is registered (within 7 days of signing) they have clear title to the vehicle which they can enforce at any time without further recourse to the courts

Link to post
Share on other sites

As much as i love the arguments for and against LBL, i have no intentions to get into more debt !this is not the path for me !

 

The funny thing is, the car is only worth £100 and the debt was for £1800. There is no loss to me if they take the car. It has no MOT or Tax. The car i actually drive is in a different name now, They never spotted that one on the day they came round ! ( me not stupid !! )

 

All i was asking was, do i need official paperwork as proof that the car has been levyed or not ?!

 

The HCEOs warrent has also expired, they simply have a "run on" to collect, does this change any rules of what they are allowed to do in the eyes of the law ?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...