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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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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Swift Advances. Secured Loan Charges reclaim


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Thanks wp3,

 

But does the new act specifically say that it covers unregulated agreements, and if so does that mean they're now regulated?

I believe they remain as unregulated however the unfair relationship stautes do apply.

G

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BLOOMING ECK with all the letters after your name and educamacation you gottet what a load of crap

 

I am not a Graphology expert but anyone can see from that post you are well and truely rattled, tongue tied lol :shock:

end of the line my friend pack your bags, you know whites days are numbered court records dont lie

anyhow I am off again done my wee bit as last few days again, I wont say a `Dicky bird ` about what I heard happened in N Ireland today except for one thing tie

"pogue muh hoin" tie

"guh nee-ha on cat hoo iss go nee-ha on jeowel on cat"

Slainte :D

 

Hey PK

 

Ná glac pioc comhairle gan comhairle ban. :D

.......and Ive just kicked the cat out for the night. ;) lol

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I believe they remain as unregulated however the unfair relationship stautes do apply.

G

CORECT

Scope of the provisions

2.8 A credit agreement for these purposes means an agreement between an

individual (the debtor) and any other person (the creditor) by which the

creditor provides the debtor with credit of any amount.9 An individual

includes a sole trader or partnership10 or other unincorporated body.11

Credit includes a cash loan or other form of financial accommodation,

including a hire-purchase agreement.

2.9 The unfair relationships provisions apply to credit agreements whether

regulated or not. The sole exception is where an agreement is exempt

under section 16(6C) of the 1974 Act because it is a regulated mortgage

contract under the Financial Services and Markets Act 2000. The

 

 

WP3

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

Ha Ha, very funny Sparkie :D

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THE FOLOWING BIT IS THE ONE THAT WILL MAKE THEM SQUIRM

 

You say the intrest rate is unfair

 

 

YOU DO NOT HAVE TO PROVE IT IS UNFAIR

THEY HAVE TO PROVE IT IS FAIR

 

 

2.18 Section 140B(9) provides that if the borrower (or a surety) alleges that

the credit relationship is unfair, it is for the lender to prove the contrary.

In other words, the onus of proof is on the lender to show that the

relationship is not unfair.

 

WP3

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Hi Guys

 

I have just received a reply from Oft about regulated/unregulated agreements.

 

.............

 

Prior to 6 April 2008, when the relevant provisions of the Consumer Credit Act 2006 came into force, agreements for loans over £25,000 which would otherwise have been regulated by the OFT were not subject to regulation. Since 6 April 2008, there has been no financial limit. However, loans taken out before this date are subject to the rules that applied at the time. Therefore, if a loan which exceeded £25,000 was taken out prior to 6 April 2008; it would not be regulated under the Consumer Credit Act 1974.

 

 

Not sure if it is relevant to anyone else but I have been trying to get this information for ages!

 

Cupcake

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Unfair Relationship

Enforcement Ation under Part 8 of the Enterprise Act 2002

 

2.7 Section140A(4) provides that a determination may be made by the court even if the relationship has ended.

 

WARNING!!! WARNING!!! Be careful this may be misleading information;)

 

sparkie

 

provided that the agrement was inforce after 6 april 2008

 

2.2 The unfair relationships provisions applied to new agreements from 6

April 2007. Where an agreement was entered into before that date, the

provisions applied from 6 April 2008 unless the agreement was

completed by then.8 Completed agreements remain subject to the

extortionate credit bargains provisions.

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Hi Guys

 

I have just received a reply from Oft about regulated/unregulated agreements.

 

.............

 

Prior to 6 April 2008, when the relevant provisions of the Consumer Credit Act 2006 came into force, agreements for loans over £25,000 which would otherwise have been regulated by the OFT were not subject to regulation. Since 6 April 2008, there has been no financial limit. However, loans taken out before this date are subject to the rules that applied at the time. Therefore, if a loan which exceeded £25,000 was taken out prior to 6 April 2008; it would not be regulated under the Consumer Credit Act 1974.

 

 

Not sure if it is relevant to anyone else but I have been trying to get this information for ages!

 

Cupcake

 

correct

 

but remember the unfair relationship applies to unregulated loans

 

wp3

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4.10 In relation to price variation clauses (paragraph 1(l) of schedule 2), the

guidance states that, in the OFT's view, a discretionary right to vary the

price after the consumer has become bound will generally be unfair,

unless the consumer is free to terminate the contract without penalty. In

addition, a price variation clause may be unfair even if it is not

discretionary, and the guidance sets out a number of factors which may

be relevant to this. These include whether increases are linked to an

external index, the scope for the supplier to decide the level and timing

of any increase, and whether details are clearly and adequately drawn to

the consumer's attention

 

 

4.17 The interest rate or APR under a credit agreement, or other charges

falling within the total charge for credit, would normally be core terms

and so, if clearly expressed, would not themselves be subject to an

assessment of fairness under the UTCCRs.22 This would not however

preclude the court from taking such terms into account in deciding

whether the relationship is unfair to the borrower. Equally, the OFT or

another enforcer would be entitled to have regard to such terms in

deciding whether to take Part 8 action

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Very informative WP3 thanks again

G

 

 

Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

Edited by frettful38
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Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

 

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

 

Surely it is the contract which should be scrutinised rather than the individual. It appears a very weak response from the solicitor and one has to wonder whether they were competent in contract law.

G

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Amongst other points I have challenged my loan agreement which is un-regulated, taken out in Sept 07 and over £25k. I have evidence that I paid a secret commission and also there were many other things contained in my loan which I wanted to challenge using the Unfair relationship route.

 

This is what my solicitors have stated when I suggested this:

"Mrs xxx is clearly a competent individual which is evidenced by her ability to communicate her understanding to us in a forthright and candid manner. It is going to be extremely difficult to succeed using the arguments surrounding the unfair relationship test in light of the fact that Mrs xxx is clearly a competent individual."

 

So if anyone who can read and write and is able to communicate with solicitors then they will be unable to challenge and use the unfair relationship route. Can anyone point me where it states in the unfair relationship test that this is true. So basically anyone who wants to challenge their agreement using this route has to be deaf, dumb and blind and most importantly not be able to communicate clearly. :mad: :mad: :mad:!!!!!!!

 

sorry sparkie for going off track, but really am peeeed off. Hopefully we will hear some good news from your end very soon.

 

I suggest you kick your solicitors into touch - they obviously do not fully understand the legislation.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Thanks paul and gallahad but I did already do this and this is the response I got from them. They are more interested in closing my file than acting for me. Maybe it is above their head and they are not confident or experience enough to handle my claim or they have been doing business with Blemain behind my back and trying to put me off bringing a claim against me lender, who knows whats going on?

 

Here is the full response I got from my solicitors:

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicitorsresponse1.jpg

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicitorsresponse2-1.jpg

http://i450.photobucket.com/albums/qq223/sophiak_bucket/Solicirorsresponse3.jpg

 

Now what do I respond to that? Utter joke:mad:

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If you could find proof that they have acted for Blemain you would have a claim for conflict of interest.

G

 

 

Thanks gallahad, but that is a big IF, and chances are not high as that is just my own personal opinion as they have taken so long to address my concerns relating to my agreement that I would probably do better fighting this own my own.

 

I am going to have a long think on what to do next

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Surely it is the contract which should be scrutinised rather than the individual. It appears a very weak response from the solicitor and one has to wonder whether they were competent in contract law.

G

 

Thats great advice- when I go to see this Solicitor if I groan and start licking his windows, does that mean I am in with a good chance? Whats his address?

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Thanks gallahad, but that is a big IF, and chances are not high as that is just my own personal opinion as they have taken so long to address my concerns relating to my agreement that I would probably do better fighting this own my own.

 

I am going to have a long think on what to do next

Who was your broker and have you sent sar to both them and Blemain?

G

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Please note everyone Swift Advances Plc OFT licence expires at 12 p.m. tomorrow night....

As for news from N.Ireland I have been advised by those concerned to post this and no more

 

HALLELUYA!!!!!........AMEN!!!........Tick Tock!! Tick Tock!!! TICK TOCK!!!!!;):D:D:D:D:D:D

 

 

Pick the bones out of this post TIE

 

sparkie

 

 

Sorry to burst anyone's bubble here but as Swift have submitted their renewal before the expiry of the existing licence they are able to continue trading while the renewal is considered. This is an extract from the OFT website:-

 

Renewal forms

You can apply to renew online up to one month prior to the expiry of your licence. Renewal forms cannot be downloaded from this website so if you do not intend to renew on line and need a paper form contact the OFT and ask them to send you a renewal pack when your licence nears expiry. We do not allow renewals to be made until one calendar month prior to expiry so please do not apply early. We published a general notice (pdf 44 kb) about this in December 2007.

 

If you have not heard from us within three weeks of your licence expiry date, please contact us. Please note that a licence remains valid while the renewal is being processed as long as we receive your renewal application prior to the expiry date. Please pass this information on to organisations who may be concerned about a licence lapsing.

 

 

If anyone wishes to verify this the link is here:-

 

How to apply for a credit licence - forms and procedures - The Office of Fair Trading

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