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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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BH are refusing payment


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I'm having problems wih BH I am 3 weeks behind with payments and have told the manager at my BH store in Bury that I will get my account up to date next Thursday when i get paid as i am paid monthly. Last Sat when i spoke to them they told me not call with a late payment as they will refuse it so i have ignored all calls from them, my husband spoke to them this morning and he told them to stop harrasing me they admitted they have only called my number 30 times this week and that is not harrasement they said they won't accept payment next week and they want the goods back where do i stand.

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Scorpio09 here is exatly what i would do Tell them they now have refusedf my money so take me to court DO NOT PHONE OR VISIT ME AS I KNOW MY RIGHTS and i will go to the proper authorities and also phone head office if you do I NOW HAVE NO INTENTIONS OF PAYING YOU AND WILL CONTEST A COURT ACTION .What will then happen is that you will get a letter final demand notice .This they have to send out by law before any court action Don't worry they send hundreds of these out a week but they as yet have.t taken anyone to court for about 4 years now and in almost certain that they won.t take you Be firm in your approach to them Ask them how are they going to get the goods if you have no intentions of giving them back They can't force their way into your house They are 100percent all bluff JUST FACE UP TO THEM AND SEE HOW THEY RESPOND lIKE ALL BULLIES THEY WILL BACK DOWN AND THEN TRY AND GET YOU TO TAKE A RE WRITE otherwise they have lost all their goods Believe me its as easy as that padre

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Hi Scorpio

 

This is a typical response from BH as they are always after the FULL balance of arrears, as a part payment still leaves you late.

 

A decent DCA (if there is such a thing) would agree a payment plan with you, but BH are bullies, just like Padre says, and just like you have already experienced.

 

BUT, I'm sorry I have to disagree with part of Padre's approach.

 

Yes you have offered part payment which has been refused, but that is BH's fault, and it will reflect well on you that you have made the offer, and poorly on BH that they did not accept it. For this reason alone, they won't have a leg to stand on if they take you to court. Not that they do. Padre mentioned that they have not done this for 4 years. It's been 6 years sinced I worked there, and even then, the only record I knew of was 2 years old then.

 

However, to use the approach of saying that you now point blank refuse to pay, puts you in a grey area, as this is itself in breach of your obligations under the Consumer Credit Act. In a case like this, it is not enough to simply refuse your obligations because of the way BH have so far acted.

 

If you are going to dispute ANY part of this agreement, you need to keep yourself on the right side of the law, and make sure it is only BH who are tying themselves in knots. I am sure I speak for the Site Team of CAG, when I say that CAG would never recommend a course of action that could potentially put you on this path, and basically break the law!

 

Keep the communication channels open, and preferably solely by writing, that way you have evidence of all communication.

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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thank you for your response. At this moment i have a chap in a white van sat outside my house he knocked on about 15 mins ago i told him nicely i will pay some money off my bill on thursday then i shut the door not sure if they are going to accept it when i go in there but i can only try

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pj you seem to be misreading my intentions and point ,of coure i wouldn't advocate anyone breaking the law the law . the customer is trying to pay. bh refuse the pmnt and in turn intentionally is putting the cust under severe pressure as all she wants to do is pay her account . SOME OF YOUR WAYS AND ADVICE SEEM A LITTLE LONG WINDED AND IN BEING SO DOESN'T ALLEVIATE THE CUSTOMERS WORRIES. YOU know as well as i do that within a very short time the shop will offer the cust a re write getting her back on track with ONE WEEKS PAYMENT .thats what the customer will want rather than a long drawm out scenario of harrassment padre

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pj you seem to be misreading my intentions and point ,of coure i wouldn't advocate anyone breaking the law the law . the customer is trying to pay. bh refuse the pmnt and in turn intentionally is putting the cust under severe pressure as all she wants to do is pay her account . SOME OF YOUR WAYS AND ADVICE SEEM A LITTLE LONG WINDED AND IN BEING SO DOESN'T ALLEVIATE THE CUSTOMERS WORRIES. YOU know as well as i do that within a very short time the shop will offer the cust a re write getting her back on track with ONE WEEKS PAYMENT .thats what the customer will want rather than a long drawm out scenario of harrassment padre

 

 

I note what you are trying to say Padre, but again I disagree. Exactly what part of.....

Scorpio09 here is exatly what i would do Tell them they now have refusedf my money so take me to court DO NOT PHONE OR VISIT ME AS I KNOW MY RIGHTS and i will go to the proper authorities and also phone head office if you do I NOW HAVE NO INTENTIONS OF PAYING YOU AND WILL CONTEST A COURT ACTION
.....isn't advising someone to break the law?

 

And pardon me for being long winded, but I will never advise someone to do something illegal or otherwise, which will in future harm their chances of defeating these bullies.

 

But like all advice here, I give it, but it's up to the individual how too interpret it and deal with it!

 

PJ

PlumberJon :-D

 

UNUS VIR OBVIAM ORBIS TERRARUM

 

Are you being harrassed by a DCA or Brighthouse. Click the link for OFT Debt collection guidelines. Chances are, they could be in breach of some part of sections 2 or 3 or both!

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

I just give advice, I can't do it for you though!!

 

If you were helped, then please wiggle my scales, and you might get a wiggle back!!!

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PJ, My experience tells me this is an effective way to bring this problem to a speedy conclusion ;and i think most people would see it this way.Forget semantics, this action will resolve the problem in a very short time.. Most people aren't interested in taking on BH they just want their problem to go away.However,how many times has the customer to keep offering monies that is going to be knocked back.She is not breaking the law in any way, on the contrary she is using the law. Ihave witnessed this happen on many occasions and the company will always back down as i am sure you have witnessed yourelf. PADRE

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There is a lot of arguing happening on this thread which does not help the OP.

 

You have said that they have been coming to your house. They are 100% Brighthouse employees and have zero rights to access your home. Send the following letter (recorded delivery) to head office and your local branch.

 

Dear Sir/Madam

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing.

 

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

Keep a copy by your front door as well. If they come again, give them a copy and slam the door. If they refuse to leave, then call the police (not 999) and tell them you have a trespasser who refuses to leave your property.

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