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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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A new DCA tactic for everyone to use


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In our ever on-going war with the DCA's...i have devised a new weapon which i thought i would share with you all & get the feedback on it etc..

DCA's are forever offering us "reduced settlement offers" when they know they havent got a legal leg to stand on when it comes to collecting on the debt.

So why dont we all turn the tables & offer them a "reduced settlement offer" (of whatever amount?), in order that if they pay us a certain amount, we wont report them to the OFT & trading standards?

Sounds like a potentially good money making opportunity in the current difficult climate. :cool:

Even if it did work...go ahead & report them anyway :p

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Mr. Ton, this could be one of the best ideas ever. They can do it to us so why cant we do it to them???

we could even arrange our own door step collection people if they dont pay within OUR timescales :D

<----------- If I have helped in any way please click on my scales :p

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It really is logical when you think about it.

They demand monies off us & threaten a consequence if we dont pay up.

So 1 way to counteract that is to demand a certain amount off them for not reporting them to the authorities in return :D

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Before we discovered this site my OH offered Hillesden a F & F of £750 on an alleged debt they had bought of £8K on the understanding we would not report them to OFT. They ignored it. After they issued a Court claim and could not produce CCA they walked away with precisely nothing!

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Here's a template. Adapt to suit.

 

Dear Tossers

 

Re: Request for payment - final demand

 

In accordance with laws I have just made up, I require that by close of business tomorrow you do call me with your credit card number and pay me the sum of £5,000. This represents all the time I have wasted chasing you for enforceable agreements, properly executed notices of assignment and default notices, and anything else I can make up.

 

However, as a gesture of goodwill on my part, I will accept FOR TODAY ONLY an immediate cash payment in a brown envelope of £500 in full and final settlement (my fingers are crossed) of the money you definitely owe me, even though I have no proof.

 

Contact me urgently or I will get a court order to kidnap your dog and wee on your garden (my mate's a judge).

 

Yours faithfully

 

CAGger

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Nice one... don't forget to sign off

 

GO FORTH AND DO NOT MULTIPLY THY BONUS THIS PERIOD/MONTH/QUARTER (delete whichever isn't appropriate)....

 

I suppose the next step would be to issue a CCJ when they don't pay up...

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I think we need all caggers to start getting creative. Most of us look at the problems on here in the same way, but if we get thinking we may find that we can strike back in a different way and get a result.

 

I posted up a week or so ago about solicitors not following the Solicitors Regulatory Authority code and contacted them about the way sols chase after debts with no enforceable agreements etc, they are sending a complaint form out and were interested in what I had to say.

 

I wondered how the chief execs of DCA`s would feel about getting a request for money on the back of a made up CCA? Its easy to get many of their signatures and copy and paste as they do on to scanned in CCA`s. Any takers;))

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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I read in a post somewhere here, cant find it now ,typical, that quoted a section from a moneylending act from a long time ago. This stated that the moneylender could not benefit from a breach of the law, so a debt sold on that shouldnt have been eg defective default notice could not be collected. Anyone know more?

 

I also thought that a letter from Cabot to say the chief exec of RBS would be a bit of a hoot. Maybe saying they represented the OC and wanted the £35billion they owe repaying immediately or be visited by a doorstep collector!

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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I wonder can we also slap defaults on the company credit files of the DCA's?

That would be interesting if we could? :cool:

 

I don't think it would bother them MrT, I recall someone doing a credit check against a DCA and they had a list of CCJ's against them. Not really them practicing what they preach now is it? :rolleyes:

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