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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 
      • 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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Need help in court against welcome !!!


rjex
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You will need more than anecdotal evidence rjex to win a case against Welcome. If you can post a copy of the POC, the defence & any docs you have ent for in relation to the claim, CAGers may be able to help. Remove all personal details before posting.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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If your step-son has had court proceedings issued against him but the case has not been allocated to track, he can apply for all the information he needs relating to the POC under CPR 31.14. This is free but the exact info. has to be speciifed & the request has to state it is made under CPR 31.14. More info here: http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

If no POC issued yet or your SS requires additional info, he needs to send a SAR to welcome (cost £10.00) template here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

Amend to suit your case. Do not sign, print or use digital signature. Send Rec Del. They have 40 days to respond.

 

If you do not have copies of the agreements, you need to send a request under S77/78 of the CCA1974 (£1.00) Again do not sign, send rec. del. They have 12+2days to respond.

 

Re. the info you have been supplied on interest rates, encouragement etc. your SS should make a complaint to the OFT. You haven't posted copies of any docs etc. so difficult to assess of how much value that might be in your SS's defence.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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If it is missing, or is all fairy stories, then it might be worthwhile exploring the possibility of challenging on the basis of there being an unfair relationship, since Welcome will have demonstrated irresponsible lending practices.

 

Excellent point fester!

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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On the credit agreement itself as I mentioned earlier it has a rate of 16.3% APR does the Credit agreement have to state that this percentage is to be charged monthly, weekly or yearly. I have tried working out the APR for the loan and it never seems to come out as much as they have calculated it.

 

Annual Percentage Rate - it's annual, but never comes out as you would expect a straight percentage rate would. You need an online calculator to do it for you.

 

 

Also welcome are taking my stepson to court would OFT be able to intervene even if the matter is due in court in the near future ???

 

No definitely not

 

Sorry have not scanned any documents have not got a scanner bit of a tech neanderthal.

 

It's OK - can you get someone to do it for you eg. friend, work etc? Failing that you could type out the relevant bits of the agreement. It's almost impossible to give advice without seeing what is contained in the agreements & how it is worded (or not!)

 

FG

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Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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