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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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luvvable v westcot


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original creditor was greenwood personal credit ltd.

this loan was for my daughters partner, she foolishly signed it , due to circumstances we now know to have been physical and mental abuse. Anyway the relationship ended and we got her out of there , it was nt too long before she had letters from westcot acting on behalf of greenwood , well she rang and made an arrangement and was paying an unreasonable amount via bank slips, it was nt too long before she could nt keep up with the arrangement and the threatening letters arrived , she rang with the hope of makin a new arrangement because she could nt keep up with the last one, but they upped the payments!!! would nt listen to her ,she is a single mum, unemployed with a 2 yr old, this did nt interest them so , they gave her a bank account number to transfer monthly payments to , she went to the bank and sorted it and the first payment went out as arranged, the week after they were ringin her , they said they had nt recieved the money , yet it had gone out of the bank, they said it mustve gone into the wrong account and tried to give her another bank account number to put the money into once a mth, this is when she told me all about what had happened , the nasty phone calls the not listening to her the lost money etc. its not a dispute as to her payin the debt its the way they are conductin themselves etc. the lost money, the fact she paid alot via bank slips etc . yet the account has hardly gone down at all . where do we go from here, the last letter she recieved said they were going to pass it on to another company who would send someone to her door etc. Please help me help her x

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They wont send anybody to anyones door..its just a threat, if anyone ever showed up tell em to get lost & ring police if they refuse.

In the meantime..report Wescot to the OFT & trading standards.

Oh & stop speaking to them on the phone - refuse to answer security questions if they ring.

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Don't speak to Westcot on the phone - ever. Keep everything in writing. Your daughter should not be paying more than she can afford. Also, direct debits are not good where DCAs are concerned - stick to standing orders.

 

In the circumstances, send a letter to Westcot:

 

Dear Sirs

 

Re: XXXXX

 

I am writing to inform you that I cannot afford to make the payments I previously agreed to under duress from your staff on the telephone. I have taken advice and understand that under the Office of Fair Trading Guidance on Debt Collection, pressurising debtors to make payments they cannot afford, or unreasonably large instalments, is an unfair practice.

 

I can afford to pay £(whatever is genuinely affordable, even if only £1) per month, by standing order only.

 

Additionally, I require you to send me a statement of account.

 

Please note that all further communication in this matter must be in writing. For the avoidance of doubt, this means that you should cease all telephone contact at once.

 

Yours faithfully

 

There's really nothing more they can do; even if they obtained a court judgment, the court would only order affordable payments. When they send the statement (the OFT guidance says they have to send one on request), you should be able to see what has happened to all payments made. If there are any discrepancies, you have valid grounds for to dispute.

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