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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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First step Finance - **BANNED DIRECTORS STOLE +£6M**


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Many thanks for both your responses. Yep, I think that debt settlers are not a DEMSA member. I coincidentally got another call from an advice centre that put me through to Gregory Pennington who, of course, are with DEMSA. But their fees are quite high, £32 per month for a total payment of £180. Not sure whether to go with them or try Bainst & Ernst or Harrington Brooks, for example. Think i tried Churchwood Financial about 4 years ago and found them a bit pushy, but mabe they've changed heir staff now. To be fair G.P. did give me holistic advice about other options, and even asked if a relative or friend could help me out with the money (although I said no).

 

Regarding contacting the creditors and doin the whole thing myself, it might work but it would be very difficult to judge whether/when to offer a reduced settlement after a period of time etc. Also DEMSA members would have, presumably, built up a good relationship at leat with the main creditors...

 

PCB

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Sorry, I was also going to say that Gregory Pennington have mentioned that the ones that don't charge fees are funded by the creditors, so that if/when an individual does get into difficulties the creditors are likely to be less sympathetic in accepting reduced payments?

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Thanks again for your response. Do you think the CCCS would accept me if i made an application nearly two years ago, but decided for whatever reason not to go with them? the actual reason was that i made a half-hearted attempt to cancel with First Step Finance, but their "client support" group called me on my mobile and put me off from doing so. but this time, I'm going to send FSF a proper letter via recorded delivery to cancel, and as them to distribute all of my funds that I have in their "pot" without making hurried 'settlements'. Is that the best way, do you think? Then I could re-contact the CCCS...

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Sorry, I was also going to say that Gregory Pennington have mentioned that the ones that don't charge fees are funded by the creditors, so that if/when an individual does get into difficulties the creditors are likely to be less sympathetic in accepting reduced payments?

 

Typical fee-charging spin. Ignore statements like that.

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Cancellation of arrangement with First Step Finance: I have definitely decided to cancel my plan with FSF, but it is a question of how to go about it. Have had a helpful PM from one of CAG's fairly regular contributors, who has suggested sending the letter "next day delivery" and not just recorded delivery. I'd like to send the letter TODAY if possible, but I could send it tomorrow and it will get there by Monday (have cancelled my standing order w.e.f. Monday 2nd April, and don't want to be accused of "non-compliance").

 

Should it go along the following lines:

"Dear Sir/Madam, I have been on the plan with yourselves since April 2009 and thank you for the work done with my creditors so far and settling many of the balances. However, I feel it is now time to move on with the management of my remaining unsecured debts. Please take this letter as a cancellation with immediate effect, and I would be grateful if you would forward all balances to be distributed amongst the creditors straight away, as per your terms and conditions, after the necessary fees that have already been incurred to yourselves. Please confirm how much of the money paid into my client plan is being paid to each creditor, as I know there is a sizeable amount in my account [i'll quote the figure from their latest monthly update to me, I think]. Yours faithfully, "

 

Many thanks for any help, PCB.

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Hi Victoria

 

I'm not sure whether they would give the money back directly to me, if one looks at the T&C's on their website. I could say that I require any money in my account back to me, but if not to ask them to at least confirm they're going to distribute it to the creditors. But thanks for the suggestion.

 

PCB x

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Hi PCB

 

Unless you push hard there might be a danger that they keep the money. Any such contract terms might be deemed as unfair by OFT and indefensible in court. A starting point would be to ask for your money back, an enquiry to OFT (who have an interest in DMCs); if you're happy that the money is disbursed to creditors then at least start from an argumentative position; and don't be so bleeding polite.:wink:

 

x

 

v

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Oh I am so sorry I missed all this as I haven't recieved notifications that there were new comments on the thread.

I am going to PM you PCB :O)

Yes everything you are paying FSF to do (and paying alot) you can do yourself) Nancy x

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I wrote a very good cancellation letter to FSF (helped by a CAGGER) stating that I was forbiding them to distribute any surplus 'pot money' once I had cancelled. They completely ignored this and made loads of payments and I ended up with a penny!!. They then told me they couldn't tell me who they had paid as they had detroayed all my data, choosing to answer some letters and send others back depending if it suited them....sigh. Idiots ....and a couple of weeks ago (as I still must be on their email list) they sent me an email recomending a Payday loan company......

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Hiya, you mean you ended up with literally £0.01? An insult, to say the least, and most unprofessional of them to recommend a payday loan company, considering they purport to get people out of debt and not the other way round!

Edited by Poor-Credit Borrower
just a typo
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I wrote a very good cancellation letter to FSF (helped by a CAGGER) stating that I was forbiding them to distribute any surplus 'pot money' once I had cancelled. They completely ignored this and made loads of payments and I ended up with a penny!!. They then told me they couldn't tell me who they had paid as they had detroayed all my data, choosing to answer some letters and send others back depending if it suited them....sigh. Idiots ....and a couple of weeks ago (as I still must be on their email list) they sent me an email recomending a Payday loan company......

 

Did they put it in writing that they had destroyed your data?

 

Ensure you report them to the OFT and the Information Commissioner.

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Hi seq

 

Although collectively necessary to add fuel to the fire, reporting Bandits to the Sherrifs is of little individual practical efficacy when 'we're all in this together' (as Dave and Nick say with contributions from Link).

 

This might be why CAG does not condone fee charging DMCs and advocates DIY with CAG.

 

x

 

v

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A complaint should be undertaken. Really. I certainly agree with the self-help ethos but this firm have been pretty naughty and need to be reported. I've seen with my own eyes plenty of examples of when the OFT actually turn the screw on these firms, although I really do wish they would do it more.

 

I think there could well also be a breach of statutory duty here too.

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Hi seq and victoria

 

I may well join in, in reporting FSF to the OFT, but will wait to see how they handle my cancellation letter. BTW I was very surprised last week to see that FSF are members of the DRF (Debt Resolution Forum), but when I called the DRF they said that the debt reduction company is 'under review' as have been 'minded to revoke' by the OFT and has been asked to 'clean up' their act. A lot of cleaning up evidently needs to be done!

 

PCB

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Hi both

 

The Augean stables springs to mind.

 

It is not possible for anybody to p*ss me off here; as for the 'real' world, 'there is no such thing as objective reality independent of a knowing subject'.

 

Anyway, I'm off for Methi Gosht Gobi curry and a pint of Cobra.

 

x

 

v

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Hello Sequenci and Victoria,

Oh my goodness if you could have seen some of the rubbish that I have had sent since cancelling, you would fall off your computer seats laughing. The only thing is, is that although I am clever enough to know it is all rubbish and lies I am not clever enough to know exactly what to do with it.

I did call the OFT and they said I had to write to them about mis selling. I also called the ICO and I downloaded a form to complete but I am unsure (and it needs to be in very simple terms for me) what each of these bodies does. I know I have to put a case to the FOS in a hope of getting at least part of my 8 k back but I am finding it very daunting so keep putting it off. I will have to act soon as the 6 months will be up since I recieved FSF final report. With my cancellation letter I sent a section 10 data letter which they said meant they had to detroy all my data. So ever since they have written to me at my address but then have refused to answer questions as they don't know who I am hahahaha........I know they haven't destroyed it as they will have to produce it for the FOS I am assuming. Also they cannot tell me (because they don't have my data) what charges have been taken off (but on the final report it is over 4K) and what payments they have made (since I exressly told them I wanted any monies back) In my original signed agreement there was nothing about any charges for all these other things. One good thing is I am very organised and have kept everything the bad thing is I ramble....sorry :O(

I would love someone who knows what they are doing to look over all stuff .... who could I get to do this for me ..any advise welcomed

Did they put it in writing that they had destroyed your data?

 

Ensure you report them to the OFT and the Information Commissioner.

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