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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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1st credit


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Hi all sorry not been on for a long time.

Since my stat demand was not set aside i had heard nothing until a letter came from connaught collections saying that they were in control of the debt and that i have seven days to contact them because they are going to issue a stat demand and want me to call them to arrange time & date for service, or they would serve it any way.

The funny thing is that 1st credit never did comply with my cca request so should i now send the same request to con-men collections.

Any advice much appreciated RB

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Yes, get the CCA request off as soon as possible and give the debt disputed status.

 

So even though you were not sucessful with your set aside 1st Crud did not formally petition for Bankruptcy?

 

Looks like they sold it on instead.

 

Look at it this way, Bankruptcy is expensive for both debtors and creditors. If the creditor petitions then they have to front fees approaching £1,200.

 

Purely from a business point of view, they need to be damn sure that not only will they get the petition costs back but they'll cover all other costs to date and recover most of the principal debt. Your house would need to have some considerable equity, that THEY KNOW OF, for it to be worth petitioning and then there may be other creditors too - they'll all be paid pro-rata from what's left and that may not be much at all - so, a risky strategy! Not only that, house prices are falling like stones and that it a matter of national comment.

 

I had an interview with a specialist insolvency solicitor who said that in simple consumer debt cases bankrupt individuals were being discharged after as little as three to four months - contrary to what the scaremongers (people who have a vested interest in ****ting you up, for pleasure or gain) say, it's not automatic that you will lose your property or otherwise be forced to sell it. If it's not an asset then the official receiver will not be interested.

 

A mate of mine, who works for a firm of solicitors, recently prepared a stat demand for service and I asked him if the firm was going to go through with it he replied: "no way, it's far too expensive!" He also commented that creditors lose control of the debt and they're not allowed to contact the debtor - is this why in the states they call it bankruptcy protection?

 

Stat demands often tend to be a good way of bluffing people and getting them on the phone crying - then you can get your claws into them and get them to mortgage their gran to get your cash.

 

You could always get a debtor's petition pack, complete it and send them a copy.

 

Kind of like putting a gun to your own head and saying come any closer and I'll shoot.

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Thanks Blade

My cca request is ready to go off in post and we we will see what happens.1stcrud did not follow through so you might be right about them selling on again.Are Con Men collections anything to do with 1st crud in any way or are they completely different company?

Thanks RB

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Connaught are connected with 1stCredit.

 

I had a dodgy looking SD from Connaught on behalf of 1stCredit a while ago.

I didn't go for a set aside,I CCA'd Connaught and received a letter about a week later saying they had closed their file and returned it to 1st Credit.

 

I've heard no more since.

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