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    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
    • According to Parkopedia parking is limited to two hours.  I don't know how accurate this is though. What were you doing there for four hours?
    • no its friday 21st by 4pm if you'd done it properly and read the sticky in post 2 it clearly says: ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM  
    • Have had a read up just to double check last day to file defence is 24 June (claim form date is 22 May)
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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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Validity of claims management companies? Moved from "Unenforceability Cases on hold until further notice"


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by ML:

 

"Sadly, discussion in the forum is limited on this one as claims handlers are a litigious bunch, and the risk of handing them a juicy libel claim from some flippant comment sadly means discussion needs to be put on hold until we’re fully ready to publish."

 

No doubt one will be in a more enlightened position, once the list is published.

 

AC

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by ML:

 

"Sadly, discussion in the forum is limited on this one as claims handlers are a litigious bunch, and the risk of handing them a juicy libel claim from some flippant comment sadly means discussion needs to be put on hold until we’re fully ready to publish."

 

No doubt one will be in a more enlightened position, once the list is published.

 

AC

 

That's what I was thinking when I read that this morning.

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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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What an outburst!

I simply posted up the Martin Lewis view...

 

Furthermore, I believe that the following sentiment is appropriate:

 

I know AC,

 

it wasnt aimed at you, but it gets me going when i hear the holier than thou arguments such as youve borrowed it pay it back stuff.

 

the claims management companies out there who are reputable are helping people they are not some diseased creature that needs to be kept away from and it annoys me to hear some of the comments coming out of the likes of Martin when it seems to say that these claims management companies are something to be avoided

 

the company i work with does not charge, they are fully reputable and they as i said before hold a consumer credit licence and are extremely ethical

 

they dont even touch any compensation thats awarded( if there is any)

 

With all due respect I would not expect you to be on ML's side being someone who works for a CMC type business... the bias is clear to see.

 

But what he has said is right... it is bringing genuine claims into disrepute. I'm no keeper of high morals... but if you borrow money you should really pay it back unless you genuinely have no way to honour it and I believe, in the main, that the CCA defence type argument should be used to DEFEND creditor action and not to make a "claim".

 

I have also seen NO company stating they do not charge money for attempting to challenge credit agreements so your company must be the exception ;-)

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by ML:

 

"Sadly, discussion in the forum is limited on this one as claims handlers are a litigious bunch, and the risk of handing them a juicy libel claim from some flippant comment sadly means discussion needs to be put on hold until we’re fully ready to publish."

 

No doubt one will be in a more enlightened position, once the list is published.

 

AC

 

Don't hold your breath, for a consumer champion Martin seems to have

been surprisingly reticent to get involved in any way with the whole issue of challenging credit agreements despite the act it ha sben discussed here for years.

The excuse about possible libel claims is very convenient, a bit like claims companies being unable to show written evidence of debts wiped out due to confidentiality and the data protection act.

The truth is that however he started out Martin is now very much a product of the media and as such he has to toe the line like all the media do and blowing the lid on this would not be at all a good idea for him

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Don't hold your breath, for a consumer champion Martin seems to have

been surprisingly reticent to get involved in any way with the whole issue of challenging credit agreements despite the act it ha sben discussed here for years.

The excuse about possible libel claims is very convenient, a bit like claims companies being unable to show written evidence of debts wiped out due to confidentiality and the data protection act.

The truth is that however he started out Martin is now very much a product of the media and as such he has to toe the line like all the media do and blowing the lid on this would not be at all a good idea for him

 

Just out of curiousity, have you been genuinely threatened with court action by your creditors? Such as being served a stat demand/CCJ or suchlike?

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With all due respect I would not expect you to be on ML's side being someone who works for a CMC type business... the bias is clear to see.

 

But what he has said is right... it is bringing genuine claims into disrepute. I'm no keeper of high morals... but if you borrow money you should really pay it back unless you genuinely have no way to honour it and I believe, in the main, that the CCA defence type argument should be used to DEFEND creditor action and not to make a "claim".

 

I have also seen NO company stating they do not charge money for attempting to challenge credit agreements so your company must be the exception ;-)

 

Lets say that when you took out a loan for 10k you expected to pay back 10k plus agreed interest and the lender expected the same thing.

Further down the line it transpired that you had messed something up and the lender was now entitled to 20k plus interest -do you really thing they would say no no you just pay us 10k plus interest and we will be happy with that .

Yeah right

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Just out of curiousity, have you been genuinely threatened with court action by your creditors? Such as being served a stat demand/CCJ or suchlike?

 

This isn't normal practise, as they know where they are going if they do.

 

Usually, the debt is passed on to a reticent DCA that doesn't give up and makes your life a misery until the debt is repaid out of pure desperation. (Usually by those who don't know their rights)

 

The whole reason these types of threads come around is the consumer backlash. It's time we all stood together to be counted and made the change.

 

(Anyone for a revolt?)

 

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Just out of curiousity, have you been genuinely threatened with court action by your creditors? Such as being served a stat demand/CCJ or suchlike?

 

I don't see what difference it makes but yes I have several ongoing at the moment,written evidence available on request along with a copy of my latest bank statement showing my parlous financial position

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This isn't normal practise, as they know where they are going if they do.

 

Usually, the debt is passed on to a reticent DCA that doesn't give up and makes your life a misery until the debt is repaid out of pure desperation. (Usually by those who don't know their rights)

 

The whole reason these types of threads come around is the consumer backlash. It's time we all stood together to be counted and made the change.

 

(Anyone for a revolt?)

 

Maybe its not normal practice but I have 2 with MBNA and they have issued on both despite me telling them that their agreement did not include all the prescribed terms.

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Don't hold your breath, for a consumer champion Martin seems to have

been surprisingly reticent to get involved in any way with the whole issue of challenging credit agreements despite the act it ha sben discussed here for years.

The excuse about possible libel claims is very convenient, a bit like claims companies being unable to show written evidence of debts wiped out due to confidentiality and the data protection act.

The truth is that however he started out Martin is now very much a product of the media and as such he has to toe the line like all the media do and blowing the lid on this would not be at all a good idea for him

 

 

Well his website is full of all sorts of offers & loans from credit card companies and banks so I guess he is probably not as unbiased as CAG in this area.:eek:

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With all due respect I would not expect you to be on ML's side being someone who works for a CMC type business... the bias is clear to see.

 

But what he has said is right... it is bringing genuine claims into disrepute. I'm no keeper of high morals... but if you borrow money you should really pay it back unless you genuinely have no way to honour it and I believe, in the main, that the CCA defence type argument should be used to DEFEND creditor action and not to make a "claim".

 

I have also seen NO company stating they do not charge money for attempting to challenge credit agreements so your company must be the exception ;-)

 

Err vjohn, pt did not say that he works for a CMC business, he actually stated that, he works with one. I would presume that whichever firm this is, they work on a; no win no fee basis.

 

Many consumers have valid reasons to challenge their consumer credit agreements such as myself. I personally, do not wish to be tarred with the same brush as some, who just wish to get out of paying.

 

I agree, that it is often wiser to defend rather than to challenge. However, sometimes you have to stand up for your rights, particularly when your valid complaint(s) are continually ignored by the OC/DCA.

 

It is a worry though, that via all the media and TV advertising by CMC's, some naieve consumers will be drawn into something that they do not understand and as a consequence ending up with a large bill.

 

AC

Edited by angry cat
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Err vjohn, pt did not say that he works for a CMC business, he actually stated that, he works with one. I would presume that whichever firm this is, they work on a; no win no fee basis.

 

Many consumers have valid reasons to challenge their consumer credit agreements such as myself. I personally, do not wish to be tarred with the same brush as some, who just wish to get out of paying.

 

I agree, that it is often wiser to defend rather than to challenge. However, sometimes you have to stand up for your rights, particularly when your valid complaint(s) are continually ignored by the OC/DCA.

 

It is a worry though, that via all the media and TV advertising by CMC's, some naieve consumers will be drawn into something that they do not understand and as a consequence ending up with a large bill.

 

AC

 

Glad that could never happen to somone following the advice on here :eek:

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Well his website is full of all sorts of offers & loans from credit card companies and banks so I guess he is probably not as unbiased as CAG in this area.:eek:

Martin Lewis' site is moneysavingexpert, if he didn't cover all sorts of moneysaving methods including loans and credit cards I would be surprised.

Furthermore, his forum is unmoderated which is not a dig at this forum but I think suggesting Martin Lewis is biased towards banks/loan companies is perhaps an unfortunate aspersion to make considering what his site is about and the varied people who use the forum.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Martin Lewis' site is moneysavingexpert, if he didn't cover all sorts of moneysaving methods including loans and credit cards I would be surprised.

Furthermore, his forum is unmoderated which is not a dig at this forum but I think suggesting Martin Lewis is biased towards banks/loan companies is perhaps an unfortunate aspersion to make considering what his site is about and the varied people who use the forum.

 

So presumably you have another reason in mind as to why Martin has not dealt with being able to claim against your lender as for sure thats a way of saving money.

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So presumably you have another reason in mind as to why Martin has not dealt with being able to claim against your lender as for sure thats a way of saving money.

 

I think you need to email Martin Lewis and ask him the question because my name is not Martin Lewis and I don't think for him.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I think you need to email Martin Lewis and ask him the question because my name is not Martin Lewis and I don't think for him.

 

 

Not much point he has already said he has has massive amounts of mail asking him to address this issue but its not had the desired effect yet so I guess we'll have to wait a few more years for the sage to pronounce

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Not much point he has already said he has has massive amounts of mail asking him to address this issue but its not had the desired effect yet so I guess we'll have to wait a few more years for the sage to pronounce

 

Have you emailed him? Have you emailed [email protected] or one of their site team?

I prefer to DO THINGS than shoot hot air out so email him or the team on MSE and ask the question you want of them and report back on the thread.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Err vjohn, pt did not say that he works for a CMC business, he actually stated that, he works with one. I would presume that whichever firm this is, they work on a; no win no fee basis.

 

 

I said I imagine he works for a CMC type business... not actually within one. Either way his involvement is ambiguous and that's why I believe there is bias in his position on CMC's. This is a logical assumption. I do not work for a CMC and have seen ones which screw people over; therefore my bias is against them.

 

 

Many consumers have valid reasons to challenge their consumer credit agreements such as myself. I personally, do not wish to be tarred with the same brush as some, who just wish to get out of paying.

 

 

I've been quite careful to say that the majority of people have a genuine inability to pay... those who are proactively taking their creditors to court to claim money from them (compensation etc) in my opnion is slightly disconcerting. Creditors and DCA's are not always the same thing.

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what a load of Bo!!ocks

 

the law does not seek to enforce morals, there is no such thing as a moral offence nor can you be tried for breaking the spirit of the law

 

is it moral for the lenders to give out money to people who cant afford it? NO

 

but on the same token , people seem to throw the moral argument that youve borrowed it so pay it back

 

 

this is what the Law Lords said on the "moral" issue

 

pah:mad:

 

I agree with that 100%

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Mr Lewis has some libel problems with the so called industry big dog (CMC wise)

 

rubbed the owner up the wrong way, :D ALLEGEDLEY

 

"litigous bunch" lol

 

hint hint, pop pop !!!

Edited by Baggio
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The CMC's are charging from £99.00 to £799 as a charge for taking on a case. This allows some of them to give cases to solicitors to act etc. However they are also charging a backend fee at the same time some like Cartel are charging both and a fee to the solicitors and a fee back end from the solicitors. It's a business. Problem is the free or state alternative is to recovering the true amount owed to the borrower on these types of claims (Loans, credit cards, store cards, unenforceable agreements and PPI/ASU claims)

To be able to do this work for people you have to make a living but it is outrageous that the general public are being ripped off again by the lenders who will settle very quickly for a much smaller amount with FOS and the CMC's who make more that the claimant and the lawyers simply for putting the two together.

The CMC's are charging from £99.00 to £799 as a charge for taking on a case. This allows some of them to give cases to solicitors to act etc. However they are also charging a backend fee at the same time some like Cartel are charging both and a fee to the solicitors and a fee back end from the solicitors. It’s a business. Problem is the free or state alternative is to recovering the true amount owed to the borrower on these types of claims (Loans, credit cards, store cards, unenforceable agreements and PPI/ASU claims)

To be able to do this work for people you have to make a living but it is outrageous that the general public are being ripped off again by the lenders who will settle very quickly for a much smaller amount with FOS and the CMC's who make more that the claimant and the lawyers simply for putting the two together.

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