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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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Ist Credit are sooooo funny!


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I took them to court last year, I had a Statutory Demand set aside and was awarded costs...it cost them a hell of a lot more than I suspect they bought my "alledged" debt (which was statute barred) for.

 

This morning, out of the blue I got a letter from them, saying that they will discount the debt if I pay it in within seven days...and they were thoughtful enough to provide a phone number so that I could discuss their "generous" offer!

 

I now have two choices..I could go down the route of correspondence with the Reigate Rabble, perhaps get another bite at the cherry....or I could just give this peice of paper the attention it so oviously deserves and file it away in my round file!

 

What do you think lol?

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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I am thinking of sending this to them via email:

Dear Sir/Madam/Threat monkey!.

I have recieved a letter from yourselves, you say that due to "times of economic hardship", out of the goodness of your heart you are "currently in a position to allow generous discounts" to your customers.

There are many reasons why the offer does not apply to me, here are a few of them:

1. I am not your customer.

2. I do not have an account with you.

3. You have provided no proof that there is an alledged debt.

4. You have not provided any evidence that I am the alleged debtor.

5. A Statutory Demand was set aside at Bradford County Court regarding this alleged debt in September of last year. I was also awarded costs as the Judge rightly saw the actions of yourselves and those of Connaught Collections as the missuse of the court system to aid debt recovery.

6. The alleged debt you refer to in your letter is unenforceable as it is in dispute, I sent a request for a CCA, with the payment required but have not recieved any acknowledgement of the request, despite being signed for on recorded delivery or an answer.

7. The Subject Access Request from Lloyds TSB confirmed that the debt is in fact Statute Barred

8. You have provided no proof that the debt was acknowledged, let alone within in six years since the alledged debt was incurred.

9. Under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

10. The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I have listed just ten reasons why your generous discounts are not relevant to me, I have many many more but neither the time nor the desire to correspond with you further on this subject or any other.

If you have had any problems understanding any of the points I have made or any of the legal references I have included, I suggest you put down your crayons and ask your Mommy what it all means.

Should i recieve any further correspondence from yourselves or your partners in crime Connaught Collections, I will take you to court for harassment and the issue of unsolicited mail.

Yours sincerely

Monx

What do you think?

  • Haha 3

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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The email is in their in-box and ive recieved an automated response!

 

Thank you for your email.

Your request is being processed and will be dealt with shortly.

Should you require further assistance please contact 1st Credit on 0870 164 2040

1st Credit Limited

Ummm I wonder if i should give them a call too....just so that they know that I aint gonna pay it?

:D

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Thanks for those links Michael Browne...will definately quote it should I hear anymore from the cretins!;)

Edited by MONX
sp

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Great letter - you might like to run it through the spellchecker before sending...

 

 

Lol yes I did...I was sooo angry when I was typing it! Im afraid spelling goes out of the window when im ranting!:p

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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I am sending the Oft Complaint today after work, had to dig out all my paperwork.

 

All I can say is thank the stars for CAG and CAGGERS. My life has changed dramatically since Ist Credit sent me a Statutory Demand.

 

I remember my first post, I was scared that people would judge me for having debt problems. Far from that I was welcomed with open arms and put at ease straight away. Caggers helped me through the process and we won.

 

I have transformed from a scared. ill and paranoid wreck into a woman who now has charge of her life and wouldnt let an unscrupulous DCA bully her into anything, in fact she now has a set of teeth and is not scared to bite back!

 

Can't thank you all enough or heap enough praise on you all.

 

Awww im getting all mushy now!!!!

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Not recieved a reply..do you think they got the message? lol :D

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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