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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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is this GE "s idea of a default notice?surely even they arent that stupid


mak71
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In todays post i have received the letter posted below from ge re an asda credit card

It doesnt state anything about being a default notice although the wording about what will/can happen is similar

 

letter dated 22nd dec, and apparently i have 7 days :lol:from that date to pay up or else they will take futher action to recover the FULL amount owing:D

 

Technically this isnt a default notice is it,its more a threatogramm but seeing as they are stating if i dont pay within 7 days (expires today even though i only received letter today):shock: they will take action to recover the full amount:lol:

could this be classed as them terminating my agreement or even a very poor invalid default notice as they are no longer giving me the opportunity to pay in monthly installments?

the account doesnt have a compliant cca anyway, so they are knackered anyway,but does it give me even more ammunition to annoy the dca who ends up buying the account.

 

If it was a DN, it would be invalid anyway due to the lack of 14 days to rectify,

but is this really GE"s attempt to terminate my account, surely they arent really that incompetent are they,?

 

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Mak

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It's Not a DN, it's warning what MAY happen if payment is not received.

 

yes i agree its not an official DN notice.but it doesnt say anything about what they may do, their wording is quiet specific in what they say they will do if i havnt paid within 7 days,ie they will take futher action to recover the FULL amount owing.

 

in which case i know they would first have to send me a default notice and give me 14 days to remedy the breach, but technically they have already said i have to pay by today to avoid futher action to recover the full amount,?

 

Im just wondering what sort of legal comeback if any that has on GE,or is it just a badly worded letter on their behalf with no legal implications

Its not an account i have any concerns over anyway as they have already admitted to me they dont have the original cca,

 

I have had 2 default notices so far from other companies re other accounts and both are invalid so was just wondering if GE were as careless in their documentation too:D

will be interesting to see what their official DN notice does say;-)

Edited by mak71
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