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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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Here you go, amend to suit. Print a couple of copies out just in case they still come round after you've faxed it off. If they do shove it in their face with a look that tells em you mean it :)

 

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

 

Remember to print your name never sign it.

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tiaposy

dont worry you are in good hands here with postggj and diwigster, dont panick dont speak to them and dont answer the door to them if they do call at your home, now you have found CAG its thier turn to panick.

jdene

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Well, they have just called - my account manager is actually alright. He wanted bank statements etc. I just gave him a token payment.

Thanks for the letters - saved me a major problem with my husband.

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Under the data protection act dont they have to ask for the person on the account ?

 

If they ever do turn up at the door unless they ask you for security details dont speak to them & if they do turn up ask them if they have ID. If they ask you a security question just refuse to give the info & shut the door in their face.

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Just wanted to say thanks for everyone's help on this one.

The guy who rung my office was so rude, i rang him back to tell him but all he kept doing was asking my security details, which I refused to give him. That wound him up!!!

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DONT give them your bank statement or fill in an income and expenditure form, they are not entitled to the information and are only fishing to see if you have an 'undisclosed income' that they can leech into.

 

They are scrabbling around for cash at the moment to pay their wages, so why not ask them for a copy of the bank statement for the account where your money has gone into to prove that the payment has been made... should confuse the hell out of them!

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If these muppets do show up as other Caggers have said, give them the letter. If they become aggressive and try and enter your property call the police and also report the matter to OFT and Trading Standards. To enter your property they must have a court order and the police will not assist them in this unless there is an order. If they manage to get into your property and take anything then they have committed a technical burglary but you could definitely successfully prosecute for theft. Is this a secured loan or car finance??

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He wanted to see my bank statements to make sure I wasn't spending on 'luxuries'!!! Cheeky sod

 

I have to comment on this, it is totally unacceptable and they have no right. . . unbelievable. hope you told them so....... cant believe they actually ask these kinda questions and less informed people would do this.

 

 

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well they said to me once when I was looking for work (I had been unemployed for 12 months) "you cant be looking very hard for a job if you have been out of work for a year"

 

On their own telephone scripts I have been labelled a trouble maker who needs reeducating in the welcome policies proceedures.

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hi you probably have sorted your problem but for anyone else, i work for a doorstep lender and you need to inform that it is a silent account i.e you dont want your husband to know. Also under data protection laws if they were to call at your house they cannot even mention the company they work for or the reason they are calling, they must leave a sealed letter if they are asked to leave a message at the door. They can threaten all they like on the phone or the door they are not even allowed to mention the word court! you can make arrangements with them to repay debt and dont be put of if they say thats not enough, they just want more.. if any one else has problems with these type of companies please get in touch..

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