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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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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UK debt being Chased in Australia


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WA Newman, thanks for sharing your info, certainly dont apologise for your post being long, the more info we get is as we all agree, good for all the PFF, once again thanks and congratulations, i think we all should have a few celebratary beers tonight

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WA Newman, may you always have cold beer, loose shoes and a warm place to defecate.

 

In answer to one of your questions from the horses mouth, so to speak, Pie and Queer requested my details through the Canadian DCA, the Canadian DCA then made a request to B'lays. B'lays sent data to canadian DCA and forward to Pie and fear.

 

I Know this because A nice lady from B'Lays told me when I phoned up and asked how Pie and beer got my personnal data. At the time I wondered if she really knew the full implications of her disclosure.

Though ignorace maybe claimed, B'Lays knew along the route and loop holes required to get the data to these sunburnt shores.

 

Power to the people, stick it to the man.

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Ooooohhh...Miss, she said the "P" word!

 

Very interesting, if brief, post.

 

Methinks there is far more there than has been left unsaid than has been revealed.

 

Please shed some more light!

LOL.

I'm in the same boat as everyone else so am looking for ideas on how to deal with this. I've written to ASIC, the privacy commissioner, the accc. Department of Justice told me today to try fos. Just wanted to add it here. Haven't had any success with any avenue yet, but I'll let you know if I do.

Sorry, I don't say much most of the time. Been lurking for a long time. Probably should have done some sort of introduction before launching in.

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ednae,

 

don't worry your complaints are being taken seriously. The privacy commisioner and ASIC are onto these idiots, they don't like to be made to look like they don't/won't/can't uphold the law, especially when it comes to DCA's and their actions. it could start a trend that no one wants.

 

Bodgit

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ednae,

 

don't worry your complaints are being taken seriously. The privacy commisioner and ASIC are onto these idiots, they don't like to be made to look like they don't/won't/can't uphold the law, especially when it comes to DCA's and their actions. it could start a trend that no one wants.

 

Bodgit

 

Thanks. I hope it gets sorted. I feel like a complete idiot because I paid them (I think I must be the only person in Australia who did). Anyway, I don't care about the money, I just want to be able to get a loan to buy a house. Everything seems to take so long to get sorted. I seem to have letters from everyone saying that they are looking into it.

It's good that other people are having some success.

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For the benefit of those with s/barred debts except for cornflakegirl and davedu who have read what I attached and do not need reminding.

 

Seevee, much as I've enjoyed your input, my knowledge regarding Stat-barred debts has come from my own research - Plonkers constantly harassed me for months (excessive phone calls at work, written legal threats & claims) over a 300 pound "debt" which was over 7 years old at the time the harassment started. Plonkers tried to mislead me into believing it wasn't Stat-barred, which is a tactic obviously successfully used against those without a basic understanding of Google.

 

I found your advice to...

 

"2) Politely ask plonkers never to contact you again re. the alledged debt. Third parties like your family do not have to assist and can also request this. There are strict rules around contact, read the guidelines and know your rights to just tell them to go away"

 

...highly amusing and obviously coming from a position of zero interaction with Plonkers. 8 seperate letters from me to Plonkers and The Ball legal folk did NOTHING to stop their harassment. Now that they have finally backed down & admitted their wrong-doing, I'll am pursuing every avenue I can to take them down. I am an extremely strong-willed person, but even I was getting stressed out by these vultures - I hope to prevent the same happening to anyone else.

 

WA Newman - fantastic news, so pleased to hear you may be setting a precedent! :)

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Well done WA_NEWMAN,

 

Thank you for sharing your progress. Great morale booster for all the PFF. Write as many long posts as you want to ! The finishing line must be close. Plonkers picked on the wrong guy for their first case. Isn't that just typical ;)

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right then we've just spoken to barclay shark... they confirm they sold the debts to international credit registry in ontario canada. Confirmed address etc which matches up with their web page....

 

the lawyers are going to love this...

 

so all the letters stating that the debts were bought from barclays are nonsense...

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the other fact that has arisen is that they have no enforcable agreements that meet the prescribed terms as stipulated in the CCA 1974.

 

I wonder if those lemons leave a sour taste in the mouth!!!

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Dont forget that you can reclaim all the £20 overlimit and late payment charges- AND the interest applied to those charges from the date they were applied, at the compounded rate. :D

 

Over here in the UK we have been reclaiming this money for the last 3 1/2 years. Ive had thousands back.

 

AND had one account written off in its entirety because of mis- sold Payment Protection Insurance.

 

Check the rest of the CAG site. There are template letters for you to download and send, in the CAG library

 

Not once have they defended a claim in court. :cool:

Edited by noomill060
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Dont forget that you can reclaim all the £20 overlimit and late payment charges- AND the interest applied to those charges from the date they were applied, at the compounded rate. :D

 

Over here in the UK we have been reclaiming this money for the last 3 1/2 years. Ive had thousands back.

 

AND had one account written off in its entirety because of mis- sold Payment Protection Insurance.

 

Check the rest of this thread. There are template letters for you to download and send.

 

Not once have they defended a claim in court. :cool:

 

even when these alleged debts have been sold on many times and potentially defaulted many moons ago?

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No, you would be reclaiming money paid under a mistake, concealment or fraud. Google s.32 Limitations Act 1980 and check out the Barclaycard section of this site.

 

Doesnt matter a Castlemaine XXXX if you admit the debt after its become SB. Under UK law, if its SB, it will always stay SB.

Edited by noomill060
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Start a thread in the Barclaycard section- you will get all the help you need to reclaim your unlawful charges and interest unlawfully applied to those charges.

 

It may sound too good to be true, but its a fact. We've all been doing it for years.

 

Good luck and have fun. :)

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thx Noomill nice to have you as a friend indeed.

 

Will read up and go for it.

 

Now all we need is someone of the legal profession who knows a bit more about assignments from Sharklays to Canada to Australia.

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It Just Keeps Getting Better !

 

I've only just got in and I guess most of you are already in bed. The meeting today took a little bit longer than I thought and the outcome was even better than I thought. I'm not going into detail on a forum that is monitored by Pie & Beer, but I'm really starting to enjoy this.

 

I don't normally drink during the day but made an exception and cracked open a bottle of bubbly. Not quite a Dom, but it tasted every bit as good.

 

Things went so well that I bought a lottery ticket on the way home. While I was in the newsagents I checked my lottery ticket from Tuesday and found out I had won the lottery. All I have to do now is figure how I'm going to spend my $13.60 .

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