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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
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    • 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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Recieved SD from Crapquest in portugal


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Hi, just got an SD from capquest sent to me in portugal! They been sending usual crap threatomatic missives for about six months. All were ignored, so no confirmed address. What can I do. I can't go for a set aside as I dont have the airfare or money for a hotel in london (SD says it must be set aside at High Courts of Justice,Strand).

I don't have any assets in uk or portugal. so was thinking hey let them do it waste there money. Would also get rid of other debts AND THEY'D SHOOT themselves in the gonads as am already paying £55 pm for two other debts to them. Has anyone let themselves be made BR if so what happens after the 18 / 21 Days

Edited by desperati
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If you are living in Portugal the SD is not worth the paper its printed on.

 

A clear breach of OFT Guidelines

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority

and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

c. misrepresenting status or backing, such as

• using a logo which falsely implies government backing

• using a business name which implies public body status, or

• falsely claiming trade body membership

d. falsely implying or stating that action has been taken when it has not, for

example, that civil action has been taken or that a court judgment has

already been obtained

e. falsely implying or stating that failure to pay a debt is a criminal

offence or that criminal proceedings will be brought

f. pursuing third parties for payment when they are not liable

g. taking or threatening to take court action in the wrong jurisdiction, for

example, taking action against a Scottish debtor in an English court unless

legally justified.

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Ok update, you'll like this.

As i said CQ issued an SD, but ages ago, before i found CAG i got letters from these clowns about two other debts (they were sent ot my sisters house). my 80 year old mother who lives there panicked and started to pay them £30 for one account and £25 on another. I of course manage to just about scrape the money to pay her back each month. But Now they send letter (to sisters house, so obviously two thirds of their database think I live in uk at sis house, though I never lived there, and one third thinks I live in Portugal) re one debt saying £25 not enough we want £30.

So need some HELP need a good letter to tell em to go * off plus They should pay back everything my mother paid them and they can Lump all my debts in their SD. any one got any ideas how to word it,

Thanks

Edited by desperati
changed title to Help
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