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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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CCJ to old address


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Hi all and help greatly appreciated. First post, although I have been a visitor many times. I have many DCAs chasing me but this is about 1 in particular. I moved around 20 months ago, naturally didn't ring around all of my admirers to tell them. One in particular, Phoenix Recoveries, utilised Weightmans LLC in Liverpool. The first I knew of this was a letter to me c/o my employer in October last year. Luckily, Head Office simply redirected it to my branch office without opening it. They must have traced my employer as no-one had that information. I was miffed but let it go. Weightmans wrote again to me at my new address to chase the debt some time after. I'm not even sure who the original debt was payable to, they've all been passed from pillar to post. Anyway, the person who lives at my old address apparently took delivery of a Court Summons (from what I gather opened the letter and didn't return it as 'Gone away' - my ex neighbour told me this). It had gone to judgement before I knew about it. Correspondence from the Court continued to my old address until today, when I magically receive an attachment of earnings form at the address I now live in, to make payments to Weightmans, who clearly knew where I lived before the summons was issued.

 

My original plan was to use the template of requesting a true copy of the original agreement. I feel they have served the summons to the old address so that they could get an Order without any hassle of me contesting it. I now find I have to pay £75 to get the judgement set aside!

 

My question is (and thanks for bearing with me thus far) if I get the Judgement set aside should I now write for proof of the debt, and how should I word it so that the Court have some empathy that I have not done it before.

 

All a bit worrying as wife is envisaging bailliffs taking away our things.

 

All help most gratefully received!

 

P.

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who was the OC?

what was it for?

 

butyes CCAwill be the first step to gettig this set aside.

get all the paperwork you can

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Good question.. I'm not sure who the original creditor was. It would have been definitely for a credit card, possibly Egg, looking at the amount. I have no paperwork save the Weightman's letter addressed to me at my employer's head office. Weightman only refer to their client Phoenix Recoveries. The other difficulty is that I have 8 days to respond to this attachment of earnings form. I called the Court (been transferred from Northampton to my local CC) and they are sending me the form to set aside. I can't lay my hands on £75 until around the 24th of the month!

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