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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
      • 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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Sent them a CCA request they sent me a letter back stating the agreement is not covered by a CCA so i wrote them back asking what the debt actually was and today they have sent me the same letter as before saying the agreement is not covered blah blah blah.

Am i right in thinking i now send them an account in dispute letter?? and if so which template is it please.

Also requested a CCA from Reliable about a catalogue debt and now the catalogue have got in touch but all they have sent me is a statement with a minimum payment on,what next please :)

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Sent them a CCA request they sent me a letter back stating the agreement is not covered by a CCA so i wrote them back asking what the debt actually was and today they have sent me the same letter as before saying the agreement is not covered blah blah blah.

Am i right in thinking i now send them an account in dispute letter?? and if so which template is it please.

Also requested a CCA from Reliable about a catalogue debt and now the catalogue have got in touch but all they have sent me is a statement with a minimum payment on,what next please :)

 

You need to keep the two issues separate on different threads tbh, will stop confusion.

 

If they havent proved the debt is yours or stated what it is then dont respond, just ignore until they do supply some proof or take matters further imo.

 

When did you allegedly take out the catalogue and did you apply online/sign for anything?

 

S.

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Catalogue Debt - if you applied for this online then there are different rules for this compared to an paper agreement that was signed and dated. Do any other caggers know what the rules are?

 

The CCA Request to BCW - if the debt is a telecommunications debt ( like BT, o2 etc) then it would not be covered by a CCA request. You will need to SAR them.

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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The CCA Request to BCW - if the debt is a telecommunications debt ( like BT, o2 etc) then it would not be covered by a CCA request. You will need to SAR them.

 

Why waste £10, its up to them to provide details of the debt not just demands.

 

S.

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Ok the catalogue was taken out online,i sent for a CCA request and what I got was a statement asking for a payment.

The other debt I asked about was sent by BC+W,i sent a cca they sent me a letter stating the debt is not covered by a cca so i sent the next letter saying i do not recognise the debt and all they have done is send me the cca is not covered by this debt letter again

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Ok the catalogue was taken out online,i sent for a CCA request and what I got was a statement asking for a payment.

The other debt I asked about was sent by BC+W,i sent a cca they sent me a letter stating the debt is not covered by a cca so i sent the next letter saying i do not recognise the debt and all they have done is send me the cca is not covered by this debt letter again

 

Ok, the debt with BC+W you've asked for proof they've not provided it.. wouldnt do anything more with that until they do provide proof.. do you have proof of posting the letter?

 

As to the catalogue, if it was taken out online after Dec2004 and you did the digital signature bit (tick box) then its likely enforceable although they should provide something back for the CCA...interestingly enough I believe it was only last year that one catalogue became CCA compliant with online signatures.. cant remember which one so you'll have to do some digging but it was announced in the press (credit today I believe).

 

S.

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Heya yes have proof sent recorded etc and yes was taken out 07 i believe online.Surely they should have some kind of CCA otherwise how can they enforce it,is there a letter I can send the catalogue direct please.Thanks so much for your help xx

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Heya yes have proof sent recorded etc and yes was taken out 07 i believe online.Surely they should have some kind of CCA otherwise how can they enforce it,is there a letter I can send the catalogue direct please.Thanks so much for your help xx

 

Ok then to be honest it'll probably be enforceable but look into finding that article I mentioned as it was basically saying all agreements taken out online prior to that were unenforceable.. just cant remember who it was :-(

 

If you have sent a s78 request and they've not responded with the agreement but have just supplied a statement saying pay us then you need to put the account in dispute...

 

Letter from templates library here

 

Be warned tho that they WILL still trash your credit file regardless.

 

S.

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