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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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help with link financial!!!!!


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ok i have a debt with link financial that i have been trying to pay every month the best i can. i have missed a few payments on my account. i phoned last month to make a payment of 80 pound, the man on the phone was very rude & said they will not take the payment from me as i had missed some. i tried to explain my situation, & the reason why i had missed payments he said not our problem, because i had missed payments they want the amount in full......by this time i was getting very frustrated & angry with this pompus little **** i said fine you wont take my ayment take me to court!.......the day after i got a call from them again saying that if i dont pay 280 quid before the end of the month (tomorrow) they will ave no choice but to take the matter further. again i offered the 80 pound payment, he wouldnt accept it. i told him i couldnt get that money together & he said not our problem, it has to be paid.

 

ok so can they really do this??.....i thought they had to accept any offer of payment, i still dont have enough to pay tomorrow & i am worried what they will do, can anybody please give me some advice for when i phone them tomorrow. thanks

 

(did start this thread in a different section but only had 1 response all day also strated it in the wrong group..sorry:oops:)

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Hi there. I guess the 1st thing to say here is "Don't talk to them, on the Bl**dy phone" (my best Michael Caine accent) Tell them that all dialogue must be in writing. That way you make a paper trail. They will try to argue against that but just tell them that that is the way that it is! (then put the phone down).

 

Secondly, it is highly unlikely that they would willingly take you to court as most times the court would grant a lower payment than what you are trying to offer.

 

Lastly, unable to offer more help as not enough info from you as to what the debt is, bank, card overdraft etc etc. How old, blah blah blah, how long been paying.......I'm sure you know what I mean as you've been here a while too.

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hi eastendboy...well it was for a unsecured loan with lloyds about 6 years ago. it was being paid on time to lloyds. it was passed over due to my ex not paying it (he was getting the money for it, but not paying the bills) been dealing with link since about 2005, regular payments were set up each month. got into some financial difficulty with being self employed. so i have missed a few payments this year. they wanted 120 a month i wasnt able to pay, they tried to bully me into 100 a month, eventually got it down to 68 a month. thanks for your response

 

ps, im sure your michael caine was great lol

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Was this in joint names hammers69?

 

Also, if you want to slow things down a bit and take back control of this situation, apart from the not talking on the phone etc;(which you should NEVER do) why not now request a CCA as per the CCA 1974 Act. You may be surprised to find that Link do not have one and then the shoe will be on the other foot so to speak and then you can dictate the next move:)

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If you go to the letters library and call up letter N it is the template letter you need to request a valid executed copy of your original CCA. You will need to add a £1 postal order and send it by special delivery. Don't sign the letter but just print your name. They must reply to you within 14 days or the account goes into dispute and all collection activities should cease.

 

Sorry hammers69, a CCA is a Consumer Credit Application and it will be the forms that you and your other half signed when you agreed the loan. It will also show if the agreement was in joint names with joint signatures.

 

Send letter N to link and we'll go from there. Come back here when/if you get a reply.

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