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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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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hi im in arrears with bright house by 443 pounds 4 weeks late they keep bangin on my door which im to frightened to answer ive offered to pay in 2 installmants 2 weeks ago but they said no and now i dont know wot im going to do keep crying myself to sleep at night i really dont know wot im goin to do

could anybody help#????

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Like I said in the previous thread, please try not panic. You have come to thr right place and will get all the help you need here. First of all, send the following letter to both the store and Head Office:

 

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

 

They have absolutely NO rights whatsoever to make demands to be in your house. They are NOT bailiffs, no matter what they say and they are just staff that have been sent from the branch. If they come again, call the police (non-emergency number) and ask them to attend. If you explain you are being threatened, believe me, they will turn up.

 

As for your arrears - is the 443 JUST the arrears or the full amount? Regardless, it is against OFT guidelines for them to demand large payments such as this in one go (I will find relevany piece of legislation soon). You need to send a letter, again to the branch and head office explaining your situation and what you are trying to do to rectify it. I will try and write a suitable one for you, but I'm at work at the moment.

 

Also, if you are receiving endless phone calls, then send the telephone harassment letter:

 

harass1.jpg

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Thanxs Clemma The 443 Is Arrears Not The Full Total I Am Going To Phone Them Today Again To C If They Can Take Payment In Installments Thanxs

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NOOOOO - whatever you do DO NOT phone them!!!! Put your offer of payment proposal in writing. Phoning them will cause you more distress as they will threaten all sorts (none of it will be true though).

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Send to both, by recorded delivery. You could maybe adapt the following letter to suit:

 

Account(s) number(s) XXXXXXXXX

 

Dear Sirs

 

I have recently been experiencing some financial difficulties and, as a result, have fallen behind with my weekly payments to BrightHouse. This is most regrettable, so please accept my apologies

 

I do not wish to return the goods voluntarily, and as I cannot afford to pay this amount in one instalment, I would like to offer the sum of £(reasonable amount) per week on top of my regular weekly payment of £XX to clear my arrears over the next XX weeks. This payment plan can start immediately.

 

I have made this proposal (and made an offer of payment) at my local store, but my payment was refused. I was told that BrightHouse will not/cannot accept “part payments”. This “policy” only places my account(s) further into arrears and invokes further penalty charges. I find this both immoral, unfair and in direct contravention to OFT guidelines regarding the collection of debt.

 

Naturally, I hope you will accept my offer (above) and allow me time to bring my account(s) up to date in both a fair and affordable way. Of course, by accepting my offer, and by me maintaining regular payments (on time) you agree NOT to apply any further “penalty” or “late payment” charges to my account(s).

 

Please confirm in writing your acceptance or refusal of my offer in order for me to make the necessary payment arrangements, or to prepare for my defence in the County Court as appropriate.

 

Kindest Regards

 

YOU

 

 

cc - BrightHouse local store

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clemma just wondering if u could give me some advise i am goin bright house today as i spoke via legal aid with them and he wants to try and find a soluition he said i could bring in one item that i have not had that long and reset that item but im wondering how that will effect my arrears will they still want me to pay all the arrears at once which i will not be able to do im confussed he seemed to be nice on the phone but i dont know if thats because legal aid was in on the conversation he also said not to b worrying myself but wot will happen to arrears????

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Sorry for taking so long to answer, but I was on night shift last night and have just woke up.

 

They are basically going to do a new agreement, so all your arrears will be put to the end. You will start off again paying the normal weekly payments. However. I would recommend taking a copy of the below letter though and get them to sign it. This is to protect any rights you have!

 

New Agreement number XXXXXXXXXXXXXXXX

 

Date

 

Updated agreement to reflect Account Re-Set

 

IMPORTANT Payments made previously on this agreement (XX payments to date representing XX of the total amount payable) are to be reflected, and form part of, any revised agreement.

 

All rights under the Consumer Credit Act 1974 regarding, in particular, “early settlement” and “repossession” as set out in section J of the original agreement remain intact and continue uninterrupted into any revised agreement.

 

Signed - YOU

(Print name)

 

Signed - Store Manager (for and on behalf of Caversham Finance trading as BrightHouse)

(print name)

 

You will need to make the amendments in the store.

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