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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
      • 162 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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Apex Credit Management - Advice Needed!


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Hi All,

 

I received a letter today from the lovely people at Apex Credit Mgmnt.

 

They are threatening to come to my home as i have an outstanding debt with home learning for 1200 quid. If i do not pay this debt then they will proceed with legal action blah blah blah.

 

I called them and told them if anyone turns up at my house the only thing they will receive will be a kick in the nuts! the guy on the phone told me that if no payment is received then i will receive a CCJ and will incur legal fees.

 

now, i have read other threads and all say i can send them a letter requesting to see the credit agreement and if this is not produced then then the debt becomes void etc. When i mentioned this to him over the phone he advised that they wouldnt have the agreement, Home learning would. However, Apex have taken over the debt. This is confusing me!?

 

Does Apex have to produce the agreement to me? and if they do, will i have to pay the debt in full?

 

Cheers!

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Apex will have to produce the original agreement under CPR rules if they proceed to court - something which you should also highlight if that was to happen.

 

However as with alot of these DCA, they do tend to use legal action as a tool to intimidate people into paying up - often on accounts which are in dispute.

 

Think the thing is to familiarise yourself with the issues surrounding your account - I would be very tempted to send off a CCA (s78 Consumer Credit Act request) to them if they own the account now, or send it to the creditor who's behalf they are calling you on.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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