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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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CCJ action started and I need help!! Nursery Fee Debt alledgedly


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From their website,

they only ask the OC for the name , address and account info to proceed with their collection activities .

 

So, a good company to start requesting some official documentation off of ,

since they won't have any . ie , Notice of fair processing, cca, notice of assignment, statement of account , subject access req (if you don't mind the fee) etc .

 

They seem like a small scale dca working on a smaller profit margin so anything to rack up their time , costs and expenses in processing your account would be advantageous. Get them bogged down in formal complaints , I bet they don't have the wherewithal to withstand a concerted paperwork attack on their rearguard.

 

I wonder if they even have a complaints procedure .

Edited by Percival Wigglesbottom
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Have they issued a default notice ? What does the particulars of claim say ?

 

Maybe ask to get the thread name changed since the issue of them not holding a licence is now defunct , but more importantly they have initiated proceedings and this thread will more than likely address your defence to their claim and you'd want a title to draw in people with legal expertise to aid in this defence .

Edited by Percival Wigglesbottom
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Maybe just let this thread die off as an issue resolved , just begin a new thread with relevant title with all the relevant info you have here , plus anything else that could be of use .. ie history of account to date , what requests you have made , what their responses have been . What they have done or not done, what the POC states etc . No default notice would be a good start to constructing the defence. How far along you are in proceedings etc . It is not clear exactly , at least to me, what stage you are at with this claim.

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There are two letters in the link below that you could adapt for your cpr 18 request for information :

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/126912-court-summons-brachers-solictors.html#post1329130

 

You could go to experian and get a copy of your credit report for £2 , as you said on the other thread there was no default notice issued. Your report should show up as clean of any defaults issued by them . No default notice will probably be the main part of your defence. I assume your account with them has been terminated in them taking you to court ? What they can do with an account they have wilingly terminated without issuing a default notice I am not sure on , I do not think they can sue for the whole amount . Will need expert advise on this default, or lack thereof, angle .

Edited by Percival Wigglesbottom
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