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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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studio cards - stick to my guns?


melly-mo
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i have found this site so enlightening that i have decided to take the plunge and post a thread. Please bear with me!

I need advice on one of my catalogues, Studio Cards. I issued a CCA request September,and received a blank unsigned copy of the credit agreement. I know from your site this probably means they have no original agreement. I waited for the 12 days to expire and issued a default notice to them but it is the reply i received that i need advice on.

In this letter they admit the agreement would be unenforceable in court BUT

"We are satisfied upon discussion with the Information Commissioners Office that this debt can be registered as a default with credit reference agencies" AND

"With regards to the Data Protection Act the declaration on the information pages in the catalogue which you made your inital order from state; We may search and share files of credit reference agencies...and we share the informationand the conduct of your account with the relevant third parties"etc Shall I stick to my guns?:?

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Hi Melly Mo, and welcome to the CAG forums...getting a default is certainly not easy...but do have a read of these... -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161066-default-removal-can-happen.html

 

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

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/

 

Are there some excessive penalty charges on the account also ?

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Is it not true that if you have made any payments at all you are acknowledging the debt and therefore enforceable in court?

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Thank you both for taking the time to reply. I get frightened with lots of legal terms but i'm sure i'll pick it up.

As i understand it - i have withdrawn permission for my data to be processed. Can they do this anyway if it is printed in the catalogue T & Cs?

Whether it is ethical or not, I feel i have paid enough in the past to this catalogue - mainly in interest - unfortunately my financial position at the moment does not really give me any choice. The choice is to challenge my "credit agreements" or go bankrupt. I have three other debts i am also challenging - no CCas yet!

I obviously do not get into trouble and i hope with all your support i can improve my life.

Many thanks

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My mum had exactly the same with Studio, loads of people have. They sent her an unopened agreement, like they have done to many people. If there are charges on the account(normally £20) you could challenge these. Write them a letter state how much your original order was and how much you have paid (mum got a xmas tree for £23 and paid £75) tell them you won't be paying any more- account is IN DISPUTE- no enforceable CCA request plus unreasonable charges. I did this for my mum and they cleared her balance of £120 (all from charges) I did want to go after the charges they applied but mum was just happy to get them off her back. Studio seem to have their own set of rules that they dream up. Good luck

<<<If I have helped please tickle the scales;-)<<<

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I will move your thread to where you will get more help. :)

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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If you go to the main page it is in OTHER INSTITUTIONS. Near the bottom of the page.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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Hi Melly-mo

 

Stick to your guns and go for it I say!! If you click on my name and go to threads started you should be able to find details of my claim against studio!

I claimed back all the charges made to my account INCLUDING the service charges - I also applied for a copy of my signed cca which they couldnt supply - and YES they paid up!

 

Hope my thread gives you the encouragement to carry on with your claim!!

 

Cheers

FBD x

:D

Fatboydukey (FBD) = my big fat ginger tom :DI am of the fairer sex :razz:

 

HSBC - FBD 1st claim Bank charges Jan 07 = success

HSBC - FBD 2nd claim Bank charges June 08 = on hold

Lloyds - mums claim Bank charges June 08 = on hold

Lloyds PPI - mums claim June 08 = Got back PPI now fighting for interest

Citi loan PPI - FBD June 08 = WON!!!!

Citi cards - FBD Credit card charges June 08 = ongoing

Skycard - FBD Credit card charges - WON!!!

Kays - FBD Catalogue charges June 08 = ongoing = told Moorcroft where to go and they went!!!!!

Studio - FBD Catalogue charges June 08 = WON!!!!!!

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