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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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me & the OH's debt


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  • 4 weeks later...

There was a thread on here in the past listing about 6 or 7 DCAs that had CCJ's against them at that time and banks have had umpteen CCJs. A poster on here sent the Bailiffs into Cabot. They didn't lose their licences then but perhaps the OFt have found some teeth at last. We live in hope.

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:lol: :lol: :lol:

 

just got a letter in from these idiots introducing "Debt Help Team" who want to help me make every effort to clear the account and want to discuss the matter in "a courteous and considerate manner" ROFLMAO

 

that'll be a first then!!

 

they've gone from "we're gonna haul your sorry ass through the court" to "we're gonna be Mr Nice Guy"

 

 

if no-one has managed to come up with a CCA in over 2 years,going on for 3,then it's a fair bet that this "customer" won't be talking to Debt Help Team after all!!:rolleyes:

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From my dealings with them, I CCA-d EquiDebt in March 09, they investigate (EquiDebt), Advantis start threatening then EquiDebt close their file & return to OC, then Advantis just carry on where EquiDebt left off.

 

Whether the two are linked in some way etc....nothing would surprise me with these two. I will bump up my EquiDebt threat for you.

 

DC

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How long is a piece of string?

 

It would help if you could say exactly how you think they've messed up LTWFB.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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ime just shooting from the hip on this but i would say yes

 

 

you signed a contract

a contract is both parties

both parties would need to agree to change that contract

 

by terminating the contract and selling it on is recession of contract

 

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

thats my opinion but i need to confirm it

 

 

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Alternatively, improperly issuing a default notice (not enough time given to rectify, specific format not followed, wrong amount cited), and subsequently terminating after that would also constitute unlawful recission.

 

The default notice is an important document, and any mistakes on the client's part can and often does complicate matters for them.

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And you got a termination notice, but no default notice? That being the case, it would be a particularly foolish outfit that would instigate court action.

 

A termination notice issued without a default notice to precede it is a clear cut case of unlawful recission.

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