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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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Hi again blueKnight :),

Bumping this for the morning shift.

Just had another read through to refresh my memory..

Bleddy hell, it used to be people in debt who buried their heads in the sand..now the tables are turning it's the DCA's and banks doing it!

What immediately stands out to me about that response to your SAR is that they've been perfectly happy to supply personal documentation to you up to that point, and to sell on the debt ascribed to you at that address.The DCA are also confident enough in your identity to threaten court action. Yet they have so far refused to provide ANY proof to you of your liability.

I made a recent SA request for a joint loan, just my printed name, and they sent everything to me without question, including a copy of the original signed agreement.

Since the data they hold pertains to YOU whether or not it also has your exes name on it is irrelevant, it's still YOUR data and they must provide it on your request. Re the signature..they can ask for this if they have reason to doubt your identity, eg after change of name or address. If you haven't then there shouldn't be a problem. Here's a link to the Information Office's Complaints page. There's a phone number for advice on there, or you can email them.

I'd get in touch with the ICO, explain that you're being harrassed and threatened with court action for a debt for a joint loan which you dispute, and that you have made numerous requests for proof of the debt in the form of a copy of the signed agreement, under CCA 1974, CPR and finally DSAR, and they are refusing to cooperate.Explain that you no longer have contact with your ex and that they're refusing to send the SAR etc. Get some sound backup advice. If they say you WILL need to send your signature..there's ways to do it so they can't lift it. Certainly they shouldn't expect you to get your exes too...ICO will hopefully confirm that.

Come back and let us know what they say, then we'll help with the next step.

I believe, from they way they're avoiding the issue, that there's no copy of the CCA, which is exactly why they're desperately upping the ante with threats they've no hope of carrying out, in the hope you'll cave in and pay.

But that's just my humble opinion!

More input welcome :)

Take care,

Elsa xx

Edited by Undercover-Elsa
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