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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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Secured Loan Issues


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I need some advice about a loan I have from a bank, I'm going to be a bit vague with the details as my case is probably somewhat unique and they might be reading this. I've also left a lot of the details out, primarily those involving the complete and utter incompetent manner in which my bank has dealt with this.

 

A number of years ago I took out a loan from my bank, secured against my house. I don't have any of the paperwork to hand but from memory it was done via my account manager and letters, rather than any formal loan application. I think the security was taken as a general security, rather than being directly linked to the loan (if that makes sense).

 

The repayment terms were that I would pay only the interest with the capital to be repaid when I sold my house. I don't recall any time scales being put in writing for me to sell my house, but it was agreed to be sooner rather than later (whatever that might mean). I haven't sold my house and currently don't have any plans to.

 

About a year ago they contacted me to discuss changing it to a repayment loan. Around the same time I stopped making the interest payments and haven't paid any since, there are a number of very good reasons for this which I strongly feel are solely the fault of the bank rather than me.

 

We still haven't sorted out a repayment plan and I haven't heard anything from them in months. I feel I have done my best to resolve this and that the blame for it not being sorted out rests solely with the bank.

 

I'm worried that out of the blue they will insist I make repayments I can't afford, repay the full amount or start proceedings to repossess my house. I'm happy agreeing to what I feel will be reasonable monthly repayments, given the size of the loan and them having security for it.

 

What do I do? I want to sort this out but don't know what my next step should be.

 

Any advice on the legal position if they decide to call in the full amount?

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  • 5 weeks later...

The bank are back in contact and are threatening legal action, so I could do with some help and advice. I'm sure that this falls under the Consumer Credit Act, as it was a loan rather than a (2nd) mortgage - they just have security on my house to cover it.

 

Could one of the mods move this to the legal issues forum for me?

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Guest atsgreig

Go to the bank and talk to them. They may be able to find a way to help.

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