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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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Global Debt Collectors chasing AIB debt


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I get a cheque for my student grant every 3 months which is an AIB GB cheque from a branch in London does anyone know if I take it to the AIB branch in Liverpool will they just give me the cash or do I still have to lodge it?

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  • 1 month later...

I got an email form these guys for an account I had with AIB bank.

They gave me a phone number to ring and out of curisoity I decided to call them.

 

Whats shocking I found was these guys lack of any consumer credit or data protection laws.

I was quite shaken after calling these muppets.

 

I asked them did they have a cca got an answer of we think we have which leads me to believe they dont.

They also just asked my reference number and then decided to give my name and date of birth out.

I could have been anyone calling

 

is this a vilotation of the Data Protection act as they gave me the details without me saying anything only yes.

I when said to them that I do not acnolowdge any debt to their company they got very aggravated

when I suggested there was no cca they said see you in court and hung up.

 

Has anyone ever heard of this company?

Can anyone offer any advise as to deal with them they dont have my postal address and I am not inclinded to write to them and give it to them.

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they also said they had placed on my credit file information about this alledged debt

well i checked experian and call credit not a thing on there about it.

 

I have applied to equifax to see whats on that but I expect it to be clear as well.

 

The debt was from when i lived in the republic of ireland and am now back in the uk had forgotton about it.

Can they take me to court in the UK for a debt taken out in another country?

 

I am off the opinion they cant as that debt is goverened by Irish law and not british law.

 

I intend paying AIB what I can money is tight at present as I only work 20 hours per week and am a full time student with rent and bills to pay.

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Whatever law applies in the jurusdiction in which you happen to be living.

As you are in NI, it will be the law that applies in NI for recovering debts and it must be heard in an NI court.

 

If it were the Republic, the law in the Republic would apply and it would be heard in the relevant court there.

 

I live in Scotland and an English company can take me to court but it must be heard in a Scottish court and Scots law applies. [no it doesn't - dx]

 

A loan or credit card can be disputed if there is no enforceable agreement but not an overdraft because it is not covered by law in the same way.

 

All you can do with an overdraft is claim back charges.

 

As I said, I don't see how they can take proceedings against you if they don't know where you live.

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so what you are saying is a cca singed under the Irish Consumer Credit Act 1995 would have no bearing in a UK court or have I taken you up the wrong way?

 

A case wouldn't be heard in the UK using Irish law & vice versa. Due to reciprocal arrangements they would enforce an Irish judgement tho'.

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You signed it in the Republic, so the agreement itself will have been made under Republic law. But if the bank want to take you to court now that you are in NI, it must be heard in an NI court under NI law. The same proof of evidence will apply - is it your debt and is it enforceable under the rules of EU reciprocal arrangements, whatever they are. More than that you would need to consult lawyer.

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i am not in ni i am in england so would be english court. the debt is only for something like £700 it would cost too much to for them to take me to court over it. It sounds like the normal dca treats which are well documented on this site.

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