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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
      • 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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HSBC Credit Card


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Is the 22/04/2010 entry showing date updated and the original default date of 30/11/2009? If not must make a Formal Complaint to the Data Controller at Marlin, the default date CAN NOT be changed from the original!!

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Hi, Absolutely NOT there can only be one default date on any debt, therefore it would seem that Marlin have deliberately manipulated the date, probably by claiming that they can enter a new date from the day they acquire the account which is of course totally wrong.

Send the following to The Data Controller at Marlin.

 

Ref: use theirs

 

COMPLAINT: Manipulation of Default Data.

 

Sir/Madam,

 

I have had cause to check my credit reference files held by xxxxxxxxxx credit reference agency and have found that Marlin is causing inaccurate data to be displayed on these files.

 

I have attached screen print copies of the offending entry for clarification.

 

As you will see Marlin have placed a default dated 22/04/2010 which is NOT correct the true default was placed by HSBC on 13/11/2009. I am aware that some debt purchasers claim that they can place a new default on an account from the date that the debt is acquired, so as to achieve a longer default 'life' thus disadvantaging the alleged debtor, this process is of course totally wrong and is manipulation of the data.

 

I now require that Marlin amends the offending entries ON ALL credit reference files to which the manipulated data has been reported with immediate effect and to confirm in writing that it has done so.

 

Marlin will also arrange to have the original creditors entries removed as well.

 

A complaint is being forwarded to the ICO and the OFT/FCA in regard to Marlins conduct in this matter.

 

Marlins response is required within 7 working days.

 

Send by recorded signed for mail, check when they receive

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Ok Ruby, please keep us up to speed on the progress.

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  • 1 year later...
Been a while again ;) got surprise on my doorstep from Marlin Financial Services with a copy of my reconstitued agreement as HSBC Bank have been unable to supple the original. It's a 'reconstitued agreement' which means it doesn't have my signature, there's no payment terms and it has has my address from 3 years ago (when i took the credit card, I lived at a completely different address) writen with a pen. Will add a scan later, but in the meantime - what should I tell them ? Been out of the game for a while now :)

Hi, Well that recon fails at the first hurdle it Must have your address as at the date the agreement was signed.

 

 

All you do is reply that the recon is rejected as it does not comply with the requirements laid down for a reconstituted agreement.

 

 

DO NOT tell them why it does not comply.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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What if they send me the same stuff with a correct address ?

If that bit is wrong most likely the rest is!

A recon agreement Must Have,

 

 

Your name and address at the inception of the agreement and the Creditors Name and address at inception.

 

 

All the Ts & Cs at inception and closure of the account.

Any material amendments to the Ts & Cs during the life of the agreement.

Any documents mentioned in the agreement.

A current (not historical) statement of the account.

 

 

Any part wrong or missing means the recon does not comply.

You have spotted 1 error so you just reply that the recon is of no merit.

  • Confused 1

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