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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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MBNA - Warning Letter


Watchout
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Thanks maz1964 and underdog13, we are definately all in this together.

 

I still have the question though, What is my next step?

 

Hello Watchout,

 

Saw your post on my thread and thought I would come for a noisy to see if I can assist you in any way.:grin:

 

Now the first thing that you must remember with mbna is that they will not assist, be helpful, understanding of your circumstances whatsoever:rolleyes: in any way shape or form. But I am sure that you have gathered that by reading around the threads.

 

They have pressed the big default button on your account and will carry on with this regardless of any legislation written that they have complied with or not. And their total arrogance is their downfall, because they presumme that you are ignorant of your legal rights (Many are) and you will allow them to roadrail over you.

 

I gather now that they are is breach of your ca request, so you must report them to the Office of Fair Trading immediately :-D.

 

The account is in legal dispute and you now have options regarding payments to them, this is your choice at the end of the day. But be mindful that even if you are making reduced payments they will still proceed along these lines.:mad:

 

The process they will follow now is the harassment calls, they normally start from the Indian call centre. and they will ask security questions before they ask you for money. Don't give them any. Tell them to put it in writing and listen to them squirm:-D

 

Then the real scary ones come and they mainly have Irish accents, Don't always start with the dpa requirements and play mind games. Don't even speak to them. Hang up

 

Keep a call log of all phone calls from them, date, time and try and catch the name of the person. If you can record the telephone conversations all the better:-D

 

Normally after this they will sell the debt on, even though the account is in legal dispute and then the dca comes after you:eek:, but by the time they come on the scene, you will be well equipped to handle them.

 

It all sounds really scary, but you will gather much confidence along the way.:-D

 

Remember you have legal rights and this is the weapon that you use:-D

 

What do you do next????

 

How long is it since they have been in breach of your ca request?????

 

Is there penaly charges on the account??????

 

Have you sent a SAR??????

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If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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