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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 
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    • 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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Knocked back by a DCA on a Sec 10 notice?


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TLD,

 

While I agree with much of what you say there is one bit where I feel that you're wrong:-

 

Under English Law only the benefits and interest thereupon can be assigned (subject to equities), the burden/obligations of the contract itself cannot. For the contract to be legally assigned to yourselves a novation must occur. This novation would explicity require the consent of both parties to the original contract in order that the obligations of that contract be transferred to a third party.

 

If you see the cases of Halsall v Brizell [1957] Ch 169 and Rhone v Stephens [1994] UKHL 3 you will see that a burden can be assigned if it is relevant to the exercise of the right. And, of course, there is the nemo dat rule.

 

There was a discussion about it here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190881-assignments-could-useful-2.html#post2066715

 

regards

 

nicklea

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DCA claims they were assigned only the right to the debt so dont have to comply with providing CCA, does that exclude them from: 1. adding interest. 2. recording to CRA. 3. adding charges. 4. taking you to court. 5. storing your data at all.

 

They will only be able to do these things if there has been an absolute assignment of the debt. Otherwise they are just acting on behalf of the OC. Is this Cabot you're talking about by any chance? They do have to comply with providing a CCA etc if it has been an absolute assignment of the debt

 

Also does a N of A have to state the amount of the debt and what is the importance of the date? I have read that if it is wrong it is "ineffective" and cannot be rectified at a later date, correct?

Thanks :)

 

It can always be rectified at a later date if it is in any way ineffective.

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This really is absolute rubbish. DCAs spout all sorts of rubbish. They are just trying to avoid the expense of having to comply with any s77/s78 CCA request you might have made.

 

If you search for ' "conditional benefit" principle ' and also ' "nemo dat" rule ' you will see the explanation of why this is the case

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What they have said is that there IS a signed agreement in existence and that they will send you a copy of it as soon as they can.

 

They CAN continue to process your data until you go to court and succesfully get them to stop.

 

Unless you follow up the sanction that you mentioned in the s10 dpa notice that you sent them then they will continue to process your data.

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The letter would have included (or SHOULD have included) something along the lines of:-

 

If you fail to respond to this notice within the prescribed timescale I will make an application to the court under Section 10(4) Data Protection Act 1998 that you be ordered to comply with this notice.

 

It is then up to you to make an application to the court that they comply with your notice

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  • 1 month later...

Please don't take this the wrong way, but might I suggest that while all of this is fine for venting your anger, personally, I don't beleive it will have any effect.

 

They are basically calling your bluff. Essentially, they are saying go ahead and take us to court then, otherwise we're carrying on as we are.

 

Might I remind you of what I said in post #54:-

 

They CAN continue to process your data until you go to court and succesfully get them to stop.

 

Unless you follow up the sanction that you mentioned in the s10 dpa notice that you sent them then they will continue to process your data.

 

The only way to get them to do something is for you to take them to court. However, I would suggest that you think long and hard about doing that - there have defintely been successes (you just need to look in the successess threads) but I would suggest that it is a more difficult task.

 

I recall that 42man gave a link to a thread where a poster had successfully taken a creditor to court about a s10 DPA notice but I can't remember what it was.

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