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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
      • 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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This all sounds so familiar - I bet you haven't received any notices of assignment or anything; expect these in the next few days.

 

This is becoming a common problem with GE/CL Finance/Cohen, buying debts and going straight to court even without a letter before action. Have a look at these threads to familiarise yourself with their tactics.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192657-howard-cohen-oh-dear.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196701-ge-assign-debt-cl.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192263-cl-finance-issue-court.html

 

More help will follow, I promise! Looks like they have sold it off rather than comply with your CCA request - we'll get this defended for you.

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Hi there,

 

Welcome to CAG.

 

Acknowledge service and state that you intend to defend the whole claim.

 

Send for the CCA from the Original Creditor.

 

You will then need to send an SAR to Howard Cohen & Co.

 

The letters are in this post -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2128223.html

 

 

Hi supasnooper. Isn't it the other way round? SAR to original creditor, GE, and CCA to CL Finance? Usually causes them the most trouble...

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The CCA is effectively part of CPR31. If you want to do belt and braces, there's no harm (but for £10) in an SAR. You never know what discrepancies might turn up.

 

Really tho, the CPR request should get you all you need; chances are they'll fail to comply. That's the next stage tho.

 

Try and relax and get a good night's sleep - you're in safe hands with the peeps on CAG. They're better than any sleeping pill :)

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As usual, the letter is total cr*p. The case hasn't been assigned to any track yet! Nice to know HC are in touch with the judge.:rolleyes:

 

Only the court can decide if the claim being below £5000 is relevant, and only the court will assign the track - small claims or fast track - not Howard Cohen. This all works in your favour if it actually goes to court.

 

In the meantime, they are obliged to comply, but they won't. When it comes to AQ, if it does, you'll have to ask the court for specific directions and force them to comply with your request. We'll use this letter in an 'embarrassed' defence.

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