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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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Fuzzybobble vs Bryan Carter (let the fuzzybobbling commence) ;o)


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Oh well, 3 days to go before he starts court action against me.

Does he really think the bit I hilighted in red will make any difference?

 

Yes, and it's a perfectly legitimate comment as it it can be seen as an attempt to avoid unnecessary court action.

 

I'm wondering if this is against the solicitors regulations, to try and get me to dispute a debt before he starts legal proceedings.

 

No, why should it be? See above.

 

Surely he should be checking he has the correct documents and an enforceable agreement himself before going the court route?

 

Yes he should, but you're very well aware that he is far from being alone in doing this.

 

 

I would respectfully suggest that you dispute the matter if you have grounds. Is the credit agreement compliant? Have you even requested a copy?

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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Palomino - it's not even his account! He has made several people aware of this (see Youtube)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Yes, and it's a perfectly legitimate comment as it it can be seen as an attempt to avoid unnecessary court action.

 

 

 

No, why should it be? See above.

 

 

 

Yes he should, but you're very well aware that he is far from being alone in doing this.

 

 

I would respectfully suggest that you dispute the matter if you have grounds. Is the credit agreement compliant? Have you even requested a copy?

 

I phoned Fredericksons and disputed the debt. (tried to pay using a christmas card.) I still have the original recording of this + the time and date it was made.

 

There is no CCA for the account. Both Argos and Moocroft have failed to provide a CCA before Frederickson's and Bryan Carter got hold of it.

 

Maybe I should send the prove it letter to Bryan Carter, and hope they do the usual trick of ignoring the letter?

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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I haven't seen the YouTube thingy.

 

If it's not your debt or there is no credit agreement then those are extremely good reasons to dispute it. I would write saying so and requesting him to provide proof as you will be asking him to produce such proof in court if he does lodge a claim. If BC ignores your letter then you've done your bit and it's his problem.

I would ignore the template letters because you're clever enough to do much better :). But don't be flippant as it only makes him more determined. (oh, all right, if you must...)

 

 

I have to say that the postal delivery in his area is very bad as he rarely receives any mail - including recorded delivery. Letters containing cheques might be different but I wouldn't know as I've never sent one.

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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I've managed to eject Freds from the scene, would be interested to see if (after a suitable delay) Bryan invites me to one of his get togethers, subbing with great interest.

 

Isnt that paragraph a little similar to the one Moorcrofts use when they realise they're stuffed - could you please send us anything you may later rely on in court.

 

If bryan has any doubts whatsoever that his handling of this case is anything but bombproof, then he shouldn't be making demands against it, let alone, threatening someon with court action.

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I'm having a little battle with Bryan Carter at the moment, but I don't think he wants to play. :eek:

 

He's gone very quiet since I did my AOS saying I was going to defend all of the caim. Not even a phone call to tell me what a naughty girl I am for not paying an (alleged) debt... I don't even know if it's mine.

 

And yes he did split the claim....

 

he hasn't even replied to my CPR request I sent him on 10 Sept (signed for by D. Carter).

 

I filed my defence against him on 29 Sept & still i've heard nothing....I don't know if this is a good or bad thing :???:

 

maybe he's having a day or two off with the stress of being a youtube star :razz::-D :-D

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If and when he does bottle it...

 

I hope they'll be plenty of people on here that can give me advice on how I can smack his bottom for costs/complaints etc....cause he's a very naughty boy!! :-D:grin:

Edited by jadzia.dax1
typo
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Fuzzy....fuzzy...fuzzy!!!!

Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Excellent!! Bet the old f@rt is $h1tting himself.:)

 

He won't be.

 

I hate to say this but as far as he's concerned you're just another turd in the sewer of life. Totally unmemorable.

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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