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    • If you can help spare me the trouble of going through the thread again: you shipped this PlayStation directly by entering into a direct contract with EVRi – correct? You didn't use a parcel broker – correct? In their defence they keep on referring to the "shipper" – not "claimant". The shipper is you – correct? They offered you insurance for the item. Did you insure or not? Those questions for starters, please
    • To turn out to the action that you should take. You should not stand for any nonsense. You should decide absolutely that you are going to return the car. Of course you made a big mistake by paying for it by debit card. Although slightly better than paying by cash or paying by bank transfer. Is the vehicle currently stored off-road? The first thing you must do is you must get an independent report. You must write to big motoring world immediately. You still are within your 30 days. Write a letter of rejection. Tell them that you are rejecting the vehicle for a full refund. It is defective. Give them a list of the defects which have occurred so far and explain to BMW that as they apparently refuse to accept your own account of the defects on the vehicle even though they are supported by photographic evidence, you are now booking in for an independent inspection by an authorised VW dealer. This inspection will cost £XXX and you will be seeking to recover that sum from them when the vehicle is returned. Tell them that your decision to reject the vehicle's absolute. You're not interested in any repair offers. You have read sufficiently about them on the Internet to understand that they are not to be trusted. Tell them that as soon as you have had the independent inspection which you fully expect will confirm the faults, you provide them with a copy of the report together with a bill for the inspection and if they will not make immediate arrangements to recover the vehicle, to refund you the cost of the vehicle and the cost of the inspection – together with any other expenses reasonably incurred [list out any expenses such as insurance, road fund tax – et cetera et cetera], then you will start an action against them and without any further notice. Tell them that you are currently storing the vehicle off-road and unless they make immediate arrangements to collect it at their expense will also start adding a daily storage charge of £10 per day and this will be added to the court claim which you will be making against them. If you're happy with this approach then book the inspection immediately. Come back here when you have a date for it and we will then complete this draft letter and send it to them and the draft letter will also contain a deadline after which you will begin a legal action. Let me tell you now that if you aren't prepared to go this route, then you may as well give up because we are all wasting your time and you better accept the slap and be more careful in future. I see that you are griping a bit about £240 cost of an independent report. As I have said, you will in all likelihood recover this although it will take a court action. However, I'm afraid that this is the kind of thing that you will have to accept when you buy a vehicle without first researching the dealer and also you buy it at a considerable distance from your own home. Although you are well within the 30 days, today we are pretty well at the end of 26 February. I suggest you get a move on  
    • Thanks Dave and JK.   So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre? Is there a template for this email I can use?  I just want to make sure I'm including all the right things. Thanks CD
    • Firstly, in response to your questions: If you are rejecting the vehicle for defects then it is certainly the responsibility to cover all of the expenses incurred in returning the car to them and frankly they should be responsible for the collection. The consumer rights act does not refer to this and so we have to resort to the common law of contract in respect of which, the seller will be responsible for all of the losses/expenses incurred as a direct result of their breach of contract. In terms of recovering a rate per mile for the use of the vehicle which you have had in the first 30 days – the wisdom seems to be that no they can't. After 30 days it's a different matter. However, once again the consumer rights act is silent on this but the motoring ombudsman seems to say that they are not entitled to recover anything for the usage of the vehicle during the first 30 days if it has been rejected for defects during that period. Once again the consumer rights act is silent. However, it will be prudent for you to provide your own inspection. If you haven't understood yet, Big Motoring World is a car dealership which is self-serving in its interests and is not customer facing and is turning out in respect of customers who buy defective vehicles, to be pretty untrustworthy and very defensive. I have no doubt that lots of customers by vehicles very successfully and are happy but what we are seeing here and also on the Facebook complaints page is that when things go wrong – Big Motoring World are totally unsupportive. You could try to back if you want – but referring to the above point, you should get your own independent inspection from a reputable source. A VW specialist dealer. The information we have is that if you simply return it to BMW, they may carry out some kind of inspection and they may then report back to you that there was no such fault or else they will say that they have discovered a fault but they repaired it and that you are not obliged to take the car back. It would not be a good idea to take this vehicle back. You absolutely need to get rid of it and give your business a some other company which is apparently more reliable – although you need to do some solid research. To add to this – and I suppose you won't be happy with this criticism – I never understand anybody who buys a vehicle a hundred miles away or so. It is asking for trouble. So many people do this and a lot of them come a cropper simply because of the mileages involved in returning the car even for a minor repair. Here is a video for you to watch. It may be too late for you but others will visit this thread – hopefully before they buy their vehicles – and they will learn something about how to survive the trauma of a used car purchase. also, make sure that you have read and understood our used car guide. You won't really enjoy what you read, very much that you can consider that they are lessons for the future – and of course anybody else who visits this thread should benefit from your unfortunate experience.
    • Yes, if she outs you it should take her out of the loop. However I don't know for sure, because I understand there's a time limit to do this and don't know if its a statutory thing under POFA or just someting the they make up. Maybe LFI could comment?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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It's a tough situation, and one I never wanted to face.

 

I've always prided myself on paying my bills, I've never wanted nor looked for any kind of easy way out. If I have used the money, I owe it and I want to repay it. But now its getting too much.

 

I owe over £20000 to numerous different people, banks and credit cards mostly, but a few other places as well. When I've been out of work previously, I and my girlfriend have had to have her take out loans or credit cards to help us get by, and with just her wages, she can just about meet all the repayments herself for those taken out in her name.

 

However now things are getting to be too much. I have been out of work since December and it doesn't appear that I will be finding work any time soon. I suffer chronic back pain, so much so that I can barely walk or stand for more than a couple of minutes before the pain becomes unbearable. Due to my being overweight, my doctor refuses to see past my waist line and will not sign me as unfit for work. I am still looking for work, hoping to find a job where I can sit down all day, because I AM capable of doing that, however I Don't drive and there are pretty much no jobs of that sort local to me.

 

Basically, my own debts are piling high and I have no way of repaying them. The Job Center has stopped my JSA as I have passed the 180 day mark for contribution based, and as my girlfriend works full time, I have no allowance for any other sort, so I have no income coming in to even give 5 or 10 pounds. I have tried offering £1 p/m but that was met with refusal.

 

If I found a job tomorrow, even at minimum wage working 40 hours p/w, that would be more than enough to meet all my bills and leave us relatively well off with disposable income (though I'd rather bank it in case of another time of hardship) but my opportunities for work are very limited and as such it could be months until I find work again.

 

I have no assets, no children, the only material possessions we own are standard fair, TV and DVD's etc.

 

Is Bankruptcy the right choice for me? Or do I have other options?

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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you are not alone..........

 

i'd be inclined to fire off a CCA request to evryone of your creditors, and when they start coming back - start a thread in the relevent forum for the co.

 

pers i would not rec bk until your situation is fully investigated.

 

we are all here to help

 

the more you read the stronger you become.

 

dont forget also that any loans or CC's are fair game for reclaiming any charges. i'd also closely look check that you are not paying for any PPI's those you can also reclaim esp if you were mis-sold them

 

all the best

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you are not alone..........

 

i'd be inclined to fire off a CCA request to evryone of your creditors, and when they start coming back - start a thread in the relevent forum for the co.

 

pers i would not rec bk until your situation is fully investigated.

 

we are all here to help

 

the more you read the stronger you become.

 

dont forget also that any loans or CC's are fair game for reclaiming any charges. i'd also closely look check that you are not paying for any PPI's those you can also reclaim esp if you were mis-sold them

 

all the best

 

dx

 

CCA's first. Ok I'll go with that. Thank you.

 

Next question, what are CCA's and how do I use them?

 

I'm sorry, you'll likely need to lead me around by the hand as I have no idea about any of this.

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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Share on other sites

Hi there, after reading your post, I appreciate where you are coming from. My partner has also been out of work since December, and due to him working in the building trade has not managed to gain another job since.

Bankruptcy is usually the last resort. If you have no assets, you would not lose anything by going bankrupt. However, it does have a stigma attached to it, and can affect future credit and employment and there is an upfront fee to bankruptcy of just under £500.

There is the option of a debt management plan where you can pay a minimum of £50 into the arrangement until you get back on your feet, and when you can afford to pay more. There are free of charge companies for this such as Payplan or CCCS.

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CCA's first. Ok I'll go with that. Thank you.

 

Next question, what are CCA's and how do I use them?

 

I'm sorry, you'll likely need to lead me around by the hand as I have no idea about any of this.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

post it off with a £1 PO

dont sign the letter as it might get scanned and copied over to fake docs.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

post it off with a £1 PO

dont sign the letter as it might get scanned and copied over to fake docs.

 

dx

 

OK, lovely Il get started on that. Thank you.

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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OK 2 quick questions before I finalize these and mail them out, should I send them too the original holding companies or the DCA's?

 

Second, HFC bank have no had there solicitors send me a typically nasty letter, should I send the CCA to the solicitors or HFC? And should I inform their solicitors about my sending the CCA at all?

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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OK great, thanks.

Unemployed for 225 days, 32 weeks. Here's praying I find work before 40 (at this rate before 40 years old, not 40 weeks :s)

 

vs Capital One: CCA req sent 6/7/09. No reply

vs LTSB Credit Car: CCA req sent 6/7/09. No reply

vs LTSB Loans: CCA req sent 6/7/09. No reply

vs Marehill Finance: CCA req sent 6/7/09. CA recieved 10/7/09

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