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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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Statute Barred?


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I have not made a payment on an unsecured debt for just over six years, the current debt collector has been chasing this debt intermittently since the end of 2003, the only time I have contacted them is to request a copy of the CCA, does that constitute acknowledgement of the debt?

I would appreciate any advice.

Don't know if i'm coming or going!

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I have not made a payment on an unsecured debt for just over six years, the current debt collector has been chasing this debt intermittently since the end of 2003, the only time I have contacted them is to request a copy of the CCA, does that constitute acknowledgement of the debt?

I would appreciate any advice.

No it doesn't constitute acknowledgement. There is a letter you can send to them to inform them that the debt is now statute barred:

 

Your Name:

Your Address:

Date

To: Creditor ???

Dear Sir/Madam

 

 

Account No:

 

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

 

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any action against me/us to recover the alleged amount claimed.

 

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

 

I/we look forward to your reply.

 

 

Yours faithfully

 

 

(Your signature)

 

Modify the letter to suit your own circumstances

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Thank you both for the replies. I had intended asking them for evidence that this debt is not statute barred, along with a request for the name of one of their solicitors, as they call themselves solicitors in their company name, but they have not given a solicitors name or who they are regulated by!

Should I simply send the letter suggested?

Many thanks

Dibs.

Don't know if i'm coming or going!

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Like stella says take out the WITHOUT PREDJUDICE otherwise you cannot use it in court if neeed be.

 

Why would you want to use it in court? The only defence needed is the Limitations Act 1980. It doesn't really matter whether it is used or not... this is simply an informal way of settling the dispute and bringing a conclusion to it. Therefore "without prejudice" seems logical as it confers no obligation of settlement on the debtor.

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