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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
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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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CCA Request to Barclays


seriously fed up
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Thanks for looking by Spamheed. As you observe the devil is in the detail when you deal with Cabot, which was why I was wanting to check.

Your point about my point 1 is interesting. I have been trying to tie them down on this, but it is like trying to lassoo a fart! I will try again, but I am pretty sure they do own it but are using their usual obfuscation when it suits them to bat me over to BC (I am not quite as charitable as you to consider it "being confused"). I have also chased them on the default notice - Cabot say this was issued in July 2009, but I certainly dont have a copy of it and dont remember receiving one. On the one hand their goons (variously Robinson Way and Connaught) were seeking the full balance round about then. But on the other hand, in their last letter to me before Cabot came on the scene, Barclaycard were threatening a default notice in July last year. For the record, I didnt get one then either. That is a bit curious is it not?

I may just do a SAR on BC and see what pops up.

As for the account itself, lets just say I think I am right in saying that Harold Wilson (remember him) was still PM when it was opened (though not for long before Sonny Jim - or was it Sunny Jim? - moved in). The amount owed is more than 2k but not 4k! I think the last time i made payment toward it would have been in 2008 - so no question of SB just yet!

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Have you checked your credit file, it's a quick and easy way of confirming if and when the account was defaulted.

 

It was only when Morgan became involved with my case that I was able to ask for and receive information, before that you tend to get either automated responses or half baked attempts to confuse made by call centre drones.

 

I clarified the nature of the assignment using a CPR18 request, that way it became part of their case when they went litigatious, if they think they have a good case, or even half a good case and if you are a homeowner then they will quickly try to move it through their system. if not, then you could expect something more like this

 

It was Egg and Cabot themselves who provided the real evidence for the defence, and this I got from an SAR, so I coulodn't recommend getting a SAR at your earliest any higher, it is amazing how much stuff they retain.

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You are totally right about this. A year or so ago I was getting heat from Tesco Finance about an account they had bought from RBS. Then a SAR turned up from RBS which included the statement "we cannot find your original application form". Oh joy!

I will get a letter in the post to BC this weekend. If I get grief from Cabot in the meantime, I will advise them of this. But a SAR can take 40 days - so could be mid March before I get a response. I will get back to you with what pops up from this. But thanks for your advice meantime.

SFU :-)

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  • 1 month later...

Hi SFU

 

Was wondering if you have had any response from BC. We are more or less in the same position as you with BC and Cabot. Fingers crossed we have not heard from Cabot since advising them CCA received from BC was unenforceable, that was in December,( hope I am not tempting fate.....). Hopefully they have not been able to dig your CCA up from their archives.

 

HAve a good Day.

Cheers

AFW

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nope, all very quiet. I have sard BC, mainly from the POV of do they have a DN? Or even a note of a DN in the log. We'll see. But what they have sent already re an agreement is just dross - typed name and address at the top of a set of standard T&Cs and an application form (it even says this) which has my name but not a T or C in sight and doesnt even refer to the CCA (it is kind of old though). They have till about middle of next month to get back to me about it, so we will see what (if anything) there is there.

But not a dicky from Cabot - and long may that last.

SFU:roll:

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Hi Seriously fed up, I too had dealings with Cabot over a Visa Card Account. I sent them a CCA Request in 2009 Got a reply saying they were in contact with the original issuer, as yet have not had any reply. I then followed up by sending them a letter putting the account they had/have in dispute. Still no reply. So stick to your guns and use the templates on this website.

 

Keltyboy

Success with PPI from Welcome Finance

 

REgards... Remember to Support Our Troops :lol:

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