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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
      • 162 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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DCA's asking me to prove my debt


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I have had numerous phone calls and letters from Apex Credit Managment saying I owe them £2,300. Sent template letter on the 12th March asking them to provide a CCA, including £1 postal order. A couple of days later they sent my letter back including the £1 postal order stating as follows:

 

I write in connection to the aforementioned account and your request for a copy of the original credit agreement.

 

I can confirm that this request needs to be made direct to the Royal Bank of Scotlan as they are the principle company with whom the agreement was reached. Your request will need to be made in writing to the address below along with the applicable fee made payable to the "royal Bank of Scotland".

 

I wrote back to them saying that the burdon of proof is on them to supply a true copy of the original CCA agreement and if you think for one minute that im going to do your leg work for you you are sadly mistaken.

 

Apex Credit are going to have a very hard time trying to prove this debt as there is no credit agreement, this was for a overdraft of approx £1300 for reclaiming bank charges (i would not of been overdrawn if it hadn't been for such high bank charges) and the banks put a stay on it, so this £1300 is technically still in court. It just makes me so angry, not only with DCA's but with the banks as nobody communicates with each other, oh and by the way I have also had Triton hassle me for this debt too. The OFT needs to tighten their belts with DCA's as they are getting away with murder and abusing their position and I only have this forum to thank....

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