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    • We purchased our Mercedes in September 2023 from Doves in Horsham for £21000, paying half cash and half on finance. We also purchased warranty for life via Ramp as recommended by Doves. On 12th May 2024 the car failed to recognise the key and wouldn’t not open, the AA could not identify the problem so via our warranty the car was taken to Mercedes in Croydon. After 3 weeks the problem was finally identified as water ingress in the drivers side footwell which has corroded and blown various components. After further investigation it was discovered the windscreen was date stamped 2019 (all the windows are 2018 - therefore not the factory fitted windscreen) The leak has developed due to incorrect sealant being used assuming when this was replaced and also water leaking from the seam. The warranty company do not cover water ingress so we are now faced with a bill of £3635. As we are now at 8 months since purchase (problem started at just over 7 months) we are not covered by the consumer rights acts. Would we be covered Sale of Goods Act? We have all the reports for the works being completed but unsure if this should be taken to the finance company or Doves who we purchased the car from. Do we pay for the works and then try and claim it back or should they be paying? Any help would be much appreciated
    • im also wondering if back billing applies here too . from looking at like threads around this SSE to ovo compulsory switch, it must be evidenced by the claimant that bills were regularly issued for the period of the supply the debt they claim covers. there are no threads here that show they could ever produce them, so back billing rules (12mts) might also play a part.
    • Vodafone have reported that they are having issues with their Credit File APIs into the Credit Reference Agencies where aged accounts over 6 years are being readded to Credit Files. In some instances, people are having defaults rescinded and changed to late payment status making the account live again!    --- Have you been affected? Please keep an eye out on your credit file for any  new Vodafone Account appearing where there shouldnt be any reason. If you are a Vodafone Customer - Check that the information is correct. check for Late Payments and Defaults.    Don't forget to consider the financial impacts this could have on you.  ---   If you are struggling - Post below and we can guide you to get the result you need!    Its been reported that Experian and TransUnion seem to be where these appear.  They are able to remove the information relatively quickly and it will reflect on next Credit File Refresh.         
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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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Have a read through this, but IMO if the rest of the documents are as illegible as that then I would still dispute this, do they say whether it is a copy off the actual document itself, or a copy of a microfiche?

http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I can see personal details on some docs you need to remove them asap.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Illegible IMO. Demand they send you legible copies, as without those, how are you supposed to know if you were disadvantaged by any of their T&C's at all?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 month later...

Well, of course they are going to try to hide behind Section 78, but they are not answering the question. I have to rush out now, but you can make a request under CPUTR 2008. There is a fabulous letter on one of the threads I am on and I'll find it for you later. tinky posted it up in the last four or five days if you want to search for it in the meantime. Basically they are obliged to tell you if they have, or have ever had, a properly executed agreement which you have signed.

 

DD

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Hi DD, I'm afraid they did send me a copy of the signed agreement and a lot of other stuff but I wrote to them about the copies of the T &cs they sent me. They could hardly be read they were so small and faded so I told them I could be disadvantaged because of this and they sent this reply. Not sure where to go with this now. I offered to pay them 25ponds per month before but they asked for 48 pm and I stopped paying while this query was going on. Should I offer the 25 again because I cannot afford more than that.

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Hi HH,

Just send them what you can reasonably afford if you want to pay,

take all priority payments into account plus a sufficient amount for contingencies.

If you do this they have little or no chance of getting more awarded by a court.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Daniella, I took the agreement and everything else off cos I keep leaving my name on things! A couple of people have seen it though and say it looked lawful so I not sure what to do now. I disputed it because the T&Cs they sent were pretty much unreadable but as you can see from their last letter to me, they don't agree. Do you think I should make my offer again?

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Amazingly, one of the cards I am not dealing with is NatWest so I'm not too familiar with their agreements. However, like every other company they must have the prescribed terms within the four walls of the agreement and not on a separate piece of paper or leaflet. Did they have the prescribed terms in the document you signed?

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Hi, just had a look at my NW agreement pretty standard and all is in place, signatures dates and T's & C's

this is 4moths old.

Leaflet containing T's &C's sent with card as well.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry for the delay, hippy. I must have missed the alert.

 

Well, I can't see any prescribed terms on it, can you? I can't read it properly but I think all I think you are agreeing to by signing is the data protection stuff. Personally I would send them another letter saying that you wish to make it completely clear that the document you are asking for is the one with your signature agreeing to the prescribed terms and quote them, then quote the 'four corners.... Tuckey' bit, and then ask the CPUTR question about whether they have or have ever had the document you are requesting.

 

That is what I have done with several and so far I have had no responses whatsoever.

 

DD

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