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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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a&l no reply to cca


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hello i sent a&l a letter saying i would like my cca i sent letter r.d also sent the £1.00 fee.

i got a letter this morning saying they will accept our temp payments until august nothing was said about our cca request the letter says

this arrangement has been granted without prejudice to our rights under the terms of the agreement which will remain in full force. as the account will be in arrears, this will reflected in your recourds with the credit reference agencies.

i dont no what to do now

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  • 3 weeks later...

hello i have 2 loans with a&L i sent off budget sheet and let them no what i could afford at moment since lose my job i then sent them both a cca request i got one back but not the other i sent reminder about the 12 plus 2 day deadline and told them they had a further 30 to reply and still nothing what do i do now these loans are just over 2 years old and were apply through the post

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Sorry to intrupt CB can you look at "Andy01 V Rbs1997" please

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  • 2 weeks later...

hello i got two letters off a&l this morning one letters date is 15th of july and is a notice of sums in arrears

the other dated 16th july says that a default notice will be issued in 28 days time

there is no mention of all the letters that i have sent cca request 5th may with £1.00 p.o

then a default notice on the 10th june the last letter was part pre action protocols 31.16

what do i do now help i am getting very worried why dont they just send me the cca that i have asked for

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  • 3 months later...

hello please could someone look at what i got in the post from a loan that was taken out

 

dear

 

acc number

ballance

arrears

 

we are writing to advice you of our intention to register your account as being in default of the original terms of the loan agreement.

 

notice of default will be issued in 28 days time. should the corrective action not be taken, we have the right to register the notice of default with the credit reference agencies and this will seriously affect your ability to obtain credit in the future.

 

please telephone

 

an administration charge of £25.00 will be applied to your account. this amount, if not paid sooner, will be payable of the outstanding balance when you settle your loan.

 

 

i have been defaulted with the credit ref agencies a couple of weeks ago for another loan that i had they never sent me a default notice or anything were do i stand the loans were taken out in may of 2007 i did cca and everything seems ok with them please could someone have look and give me some advice please thanks

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Hi,

This sounds like a notice of default as opposed to a default notice (subtle difference)

 

Aside from it being another money making scheme, they are giving you the opportunity to bring your account up to date before they issue you with a formal default notice.

 

hope that helps

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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  • 3 months later...

They have sent you a defective DN, they have not allowed for postal service which is assumed by the court to be four days so the notice is 4 days short. Because they've terminated the a/c it is 'unlawful rescission of contract' so legally all they can claim are the arrears.

 

You could tell them to read the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant (you) a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

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