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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.

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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.
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      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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capquest and M+S CCA return - Is this enforcable?


Nomore Baloney
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In the first box, top left, it states that ...'upon the terms and conditions set out overleaf and in the personal loan schedule which together constitute this agreement.'

 

On that basis it does not comply with my cca request as they have not provided me with a full copy of the agreement.

 

So I guess I should write back and tell them that they havn't complied and am therefore putting the account into diispute.

 

Any one advise.

 

Incidentally, has anyone taken on M&S on an agreement such as this and come out on top?

 

Thanks

 

Nomore B

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Maybe they have and maybe they havent complied with the request you need the terms and conditions which as you have said are on the next page, so where is the next page, in that respect no t&c I would write again and ask for a full aggrement including the t&c. Thats all I'm saying and capquest dont always comply with the law like all other debt collectors they think they are the law and that they are right, when in some cases like 10% they are the other 90% they are not.

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The other question I would like to make why did you think it was for a credit card is that what capquest told you? If so that is misleading.

 

I was being a bit thick and just assumed it was for an M&S credit card. As you can see from the date, it was back in 2001.

 

I had a lot going on at the time so it sort of blended in with all my other 'interested parties' who think I'm such a splendid chap that they like to keep in touch as it were....

 

I will ask them for the rest of the t&c's though, just for the sport.

 

Thanks for your interest,

 

Nomore B.

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As for as I was aware, it was 12+2 working days to supply the necessary documents. The calender month was under the old regulation whereby they commited a summery offence after a further month, but this no longer applies.

 

The rest of the letter is the usual stuff, the debt still exist but we can't enforce it.

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