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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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Re: Complaining to the Financial Ombudsman Service


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could you please advise me. i have a few problems firstly i did write to the onbudsman in relation to two things first my Barclaycard i was a student when i took it out and about two months after i took it out they started charging me payment protection which i did not notice and along with this they took the ppi and then charged me for going over my limited i sent this in almost 7 months ago and keep getting letters saying they have not yet allocated someone. but its mainly the second one i sent them a complaint in regards to Cabott financial. this was because Cabott had put a default on my account. The problem was a credit card which i had an arrangment for 2 years with and never missed the arrangement sold my account to Cabot and on the first day they purchased it they put a default on my file and then contacted me and explained they had bought it i instantly made a similar arrangement and have never missed a payment. I could not understand that the credit card never defaulted me in 2 years yet this company did it instantly when i have read up it states you have to miss 3 payments or breech the contract and my arguement was i had never made any arrangement with cabott. the financial onbudsman stated Cabott was not regulated until 2006 and they defaulted me in 2005 so could not deal with this. i have put a complaint in to Cabot and asked them to remove it as i felt it was compleatly wrong over the 3 years i did not know it was there i took out a morgage and had a loan which were all on higher rates only by getting my credit file because of the high rates i was paying did i see it. Cabot told me after sending me my file in codes i do not understand that they put it there to show creditors i was a bad payer can they do this if not i do not know where to go now. I was also going to send another problem to the onbudsman in regards to barclaycard can they deal with both at the same time or will i have to wait months again. please help

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Firstly...I would send an official letter of complaint to Cabot...as what they send you under a subject access request should be legible to 'joe public' i.e. they must explain what their codes mean....if they fail to respond then I would send a letter to the Information Commissioners Office....I am familiar with Debt collection agencies sending paperwork from their computers which basically don't mean anything unless you worked in their industry or have specific knowledge of the software used....

 

Have a read of this...

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

As for the defaults you MAY have to take it to court, but you might find this thread interesting...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148383-finlander-wants-soak-abbey.html

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  • 4 months later...

a year down the line. i still have not recieved a complete file of information i can read. I requested my CCA and a few weeks later recieved a letter stating i had been paying them so legally admitted owing the money and would fight me all the way. A few days later i recieved a notice saying they had asked my orginal creditors for my CCA and would hold payments until they have recieved it. i have now recieved three of these. if they can not produce this what should i do next. i know that i can state if they dont produce it i would state i therefore did not owe them the money and even if they state they will close my account they still have given me a default and caused me major high intrest rates on my morgage. any advice please

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