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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
      • 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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Monument-al Vil-ains and Faultless Fraud


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Hi - first time here so be kind and help me out. Spent last three of four hours chasing one thread after another - fascinating stuff, you guys know your onions.

My problem is this, back in May06 I took a loan to clear a monument credit card and fine -until Aug 06 when I got a call from the company reporting some unusual activity -they told me that some, 'foreign-sounding' man had been trying to buy airline tickets to Pakistan on my card and they got suspicious - I knew nothing of it and told them such. They said fine and that they would halt the card and montior attempts at future activity. I was told to contact Experian and get a copy of my credit - this turned up and the people who were conducting the fraud had been allowed to 'transfer' the address without my consent to an address in London - I live in Darlington about 250 miles further North. I contacted Experian and upon their advice got them to put a note on alerting other financial institutions as to this fraud and my complete innocence and that any future attempts needed a password that they logged for me. Despite this further transactions were allowed and a month later no-one had actually been to the address listed to 'interview' said occupants that were still using that address to try and get more from my card. The debt they ran up was about £883.

Sure enough having been assured from Monument that this was sorted and I would not be held responsible - I dutifully received a letter threatening legal action from VIL ltd. I did, before I knew of this site and its sagely advice, ring them and assured them that this had been a credit card fraud, registered with Monument and Experian etc and that therefore they would understand if I declined to pay them, anything, ever...

They persisted to harass me and then it all went quiet - mostly because my mobile number changed. Then after all this time I received a letter this weekend gone,to my Mum's address where I had been staying in between houses at the time of taking the card out. It says I have 7 days before they will 'recommend' legal action blah blah court costs blah blah CCJ blah blah bailiffs blah blah - no signature or name at the bottom :

 

So... do I need to respond at all, do I apply for the CCA ? do I take this seriously, take legal advice? Suggestions please.

thanks

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Do you have any written correspondence of the actions taken at the time of the fraud?

 

Did you involve the police?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi , the trouble is it was so long ago and I believed it to be sorted so do not have anything other than a copy of the Experian report and I was told by the credit card company that they would log it with the authorities and so did not do so myself. If only I had known then...

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Do you have the credit card statements for the Monument account?

 

A request for your credit agreement is not really relevant in this case (although you want to do this for the sake of interest). What you should do is request for SAR, and include such things as your agreement, correspondence, telephone call logs and transcripts, notices etc. as well as statements.

The statements should should the unlawful transactions. The telephone call recordings should put you in the clear, although it is unlikely that they will still exist. However the call logs should help to some extent.

The change of address is most odd - there should be something in writing to cover that, and I'm sure you would love to see it.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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