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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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Mackenzie Hall. Do any of you know of them?


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In addition to filing a complaint with the trading standards department of your local council send a copy to Joe Donnelly, Principal Officer - Trading Standards

 

East Ayrshire Council 14 London Road Kilmarnock KA3 7AF [email protected] Apparently they are collating complaints and passing them onto the Office of Fair Trading

Fantastic!!! I am so going to fire off a letter of complaint!

My partner received a debt collection notification from them for a debt he did not owe.

I called Mackenzie Hall, and they were blatantly rude and vile to me. Completely unprofessional.

Up until recently I have been working as an office manager for debt collection agency*, and know they were taking the 'merde'. If a member of my staff spoke like that, they'd be through the door straight away.

I recently sent them a request under the DPA - which they have not obliged, nor have they acknowledged my letter of complaint.

I'm going to check when it was sent, and will be informing the Information Commissioner in due course. Wish me luck!

Some important notes:

· A debt collection agency can be instructed to chase after a debt by their clients, however if they are unable to provide you with either a invoice/statement/credit agreement - then they can not chase you legally for the debt. Nor should you be expected to pay for this under the DPA, as this is copy invoicing to facilitate payment and to prove the debt is yours.

· An agency can not make provocative and un-necessary calls (i.e. more than 1 call every 3 or so days) as this is harassment.

· Late collection fees are NOT legally enforceable (unless specifically stated in the terms and conditions or such like which you must be aware of). So do not pay these.

· If the wording of a debt collection agency letter to you is inappropriate, and far too strong, you can report it to your local Trading Standards, who have been known to tell them to re-write their standard computerised letters.

· Some agencies employ 'Super Traces' for approximately £200. These agents, and are known to call/visit neighbors, ex-employers, NOK etc to try and find out where you are. Sometimes, pretending to be a long lost relative/want to get in touch with you as Aunty Mary has died and want to attend the funeral etc. Amongst other guises.

· If the agency does not record their calls, then they will certainly be entering notes into their debt collection system. This information should be available under the DPA.

· Agencies often allow their staff to use pseudonyms, for the safety and security of their staff (hence why you'll often find Mr Baker/Mr Watson etc).

· If you owe money to the client of the agency, ask them if they would be willing to offer a discount for prompt payment. You'd be surprised how much they might offer (not unknown for up to 50%)!

· If you are suffering difficulties on your payment, then immediately write to them, stating this with and income and expenditure report and a proposal of how much you'd be able to pay and ask for interest to be frozen. I have had customers paying £1 a month on a debt of £7,000. They might ask for a periodic review, but eventually it's not worth it for them to collect it, and might offer you a huge discount if you can pay a small lump sum as a full and final settlement. Or even luckier to you, might just write it off...

· Even if you emigrate and owe money to creditors, some agencies have a working partnership with overseas agencies who may trace and collect the debt on their behalf (usually on a 15-30% commission rate).

*I hope you found the above helpful. Please don't send me any hate messages for having worked with the 'enemy'! I promise to post some more helpful info soon.

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