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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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1st credit and Lloyds TSB Platinum credit card


hunterandthehunted
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lol cas,

 

i could have got my other half to sign as it is a joint account. i am learning:) . slowly but surely....:-D

 

 

hi inoofthepost,

i have read enough threads on here to know that they will be back.

best to be prepared, uh.

 

regards

hunterandthehunted

 

dear experts,

 

here is the letter i received in response to my CCA request. is this valid as proof of my request?

 

regards

hunterandthehunted

 

how can i make it bigger....

 

sorry

hunterandthehunted

1st credit response to CCA request.jpg

regards

hunterandthehunted

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cheers for that cas,

 

yes i am re-assured on that front now ( CCA request ).

 

i want to learn how to upload the images for the future.

thanks once again for coming to the rescue. i will have another go tomorrow as i am off to work now.

 

catch ya later

 

hunterandthehunted

regards

hunterandthehunted

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marjie06...you need to send the CCA letter to 1st credit ( letter N) and get the ball rolling ..they use LCS Solicitors who are a trading style of 1st credit and not actually a firm of solicitors and have a series of template letters that they send out......its now about you taking control and the first step is to check out if they have an agreement.

Live Life-Debt Free

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dear experts,

here is a scan of the letter i received from 1st credit regarding my CCA request. will this suffice as proof of my request.

 

many thanks

hunterandthehunted?action=view&current=1stcreditresponsetoCCArequest.jpg

 

it has'nt worked again... damn...

 

lets try this...1stcreditresponsetoCCArequest.jpg[/img]

 

1stcreditresponsetoCCArequest.jpg[/img]

th_1stcreditresponsetoCCArequest.jpg

regards

hunterandthehunted

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Erm yeah ok, what do we have here

 

Answer

 

a complete Load of B*LL*CKS

 

 

yes that is proof enough

 

firstly, statements do not cost ten pounds, they are covered by the CCA 1974 - Morons

 

seciondly they are seemingly claiming an absolute assignment as they refer to the Law of Property act

 

so they have the responsibilities for compliance with your request, it matters not if they wrote to the queen or prime minister the fact remains they have 12 working days period

 

regards

paul

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thanks paul,

however could you read that from that small image, i have got another couple of letters i would like you to take a look at, as soon as i get to grips with this photobucket thing..

 

as always your comments are appreciated..

 

regards

hunterandthehunted

regards

hunterandthehunted

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Now, that is interesting, personally...

 

i note that they are actually customising the letters they are sending me;) LOL.

 

 

Your assignment specifies that it is the assignee of only the benefits of the account... therefore, it is an equitable and not legal assignment. another little thing to note is that s136 of LOPA 1925 does not actually say they do not need to produce the document of assignment; it is entirely neutral on that point.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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thanks tomterm8,

 

i don't really understand though, i thought that if they acquired the debt from lloyds they are entitled to provide the paperwork which goes with it.

 

take a look at this letter.....

 

regards

 

hunterandthehunted

 

1stcreditassignmentletter.jpg

regards

hunterandthehunted

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thanks tomterm8,

 

i don't really understand though, i thought that if they acquired the debt from lloyds they are entitled to provide the paperwork which goes with it.

 

take a look at this letter.....

 

with a contract there are benefits (i.e. things you recieve) and burdens ( i.e. things you must do). 1st credit say that they own the benefits of the contract, but have none of the burdens.

There is a particular form of assignment that covers this case... equitable assignment ... rather than legal assignment which requires both benefits and burdens to be assigned.

They couldn't take you to court on your own, they would need to be joined in an action with the original creditor. (i.e. both credior and first credit would need to sue you).

it's quite a technical legal point.

regards

 

hunterandthehunte

:D

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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hunterandthehunted, I really wouldn't be concerned... I've seen 1st credits contract; 1st credit has a contractual right to this info.

 

if Lloyds don't comply, it means they simply don't have the credit agreement.

 

Frankly, what they are saying to you is BS of the finest order.

 

don't forget, you can CCA Lloyds TSB direct, since they still have the obligations of the contract.

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i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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tom,

i have got to ask a really stupid question while i have got your attention.

 

why do creditors lose or mislay or even destroy CCA agreements when us debtors cause them so much grief over their incompetence to keep them?

 

regards

hunterandthehunted

regards

hunterandthehunted

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tom,

i have got to ask a really stupid question while i have got your attention.

 

why do creditors lose or mislay or even destroy CCA agreements when us debtors cause them so much grief over their incompetence to keep them?

 

regards

hunterandthehunted

 

'difficult to say,

 

but i guess they do so because they hope you wont know youre rights and challenge them

 

many DCAs take legal action in the hope that you will not defend and they win by default judgment

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It's a bet. It doesn't normally matter if the client is not in default; even if they default, 90% of people don't know the CCA 1974, and so for every 10,000 agreements you might get a single CCA request.

 

Until a few years ago, the cost of scanning and storing 10,000 credit agreements was substantially higher than the cost of losing the 5p in a pound that a normal assignment brings in.

 

( BTW, this is just my opinion, not the opinion of the CAG team).

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi Goldlady Judge told him to get them in and court would go through it, when he asked for time span Judge replied as long as it takes, I will start on reclaim as it should'nt have got this far they should'nt expect anymore. I came out walked down street and cried (daft i know) but the relief was so great a huge cloud lifted.:D

 

Gerona I'd like to know why it takes two solicitors oh and there is about 50 + phone calls on list, letters for this and that.

 

Sosumi you are quite right, it is a cheek they must want to squeeze the last breath out of everyone and shows how much money they must actually make as the man from connaught last week told me they buy for less than is owed - that is outrageous!!!!!!!!!!

 

HI There, hunterandthehunted

i too am new to this site and without the help of the lovely people on here i dont know where i'd be today, i was in court taken there by 1st cred/ connaught so from 1st hand experience they do sometimes carry out their threats. I would carry on paying your monthly payments if you can, dont speak to them on phone as it probably ill truths anyway. It's time these people were brought to count, have you recieved a stat demand?

By the way welcome

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