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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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Toyota Finance - Car loan question. Very concerned!


Surfer01
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Well If Its A Fixed Sum Loan Agreement, The Car Is Your, You Can Sell It, Whatever

 

The Finance Co Has No Claim On It

 

Need To See How The Agreement Is Headed

 

Fixed Sum Loan Agreement

Hp Agreement

Conditional Sale

Get The Idea

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i know you are getting confused but

 

if it was a hp agreement, it would have a termination section which would say how much you would need to pay back to voluntry terminate the agreement

 

your agreement does not have this

 

the agreement is a loan agreement and the car belongs to you, not the finance company

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A Fixed Sum Agreement Will Not Be On The Hpi Register

 

The Finance Co Are Giving You A Loan, Not Hp To Buy The Car

Some Finance Companies Do Put It On The Hpi Register Until You Educate Them (welcome Finance)

 

If Its A Fixed Sum Loan Agreement, You Can Sell At Any Time With Out The Permissionof The Finance Co

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They have registered their interest with HPI to keep an eye on the car - so that they are notified if you sell.

 

They are not really entitled to register an interest as they do not have title to the car as they would have with HP.

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Again This Is Wrong

 

They Cant Put This In The T&c

That Would Make It a Restricted Agreement

That Hp

This Is A Personal Loan Agreement

 

I Would Love What Regs Under A Regulated Cca Agreement They Are Quoting To Be Able To Do This

 

Its Either A Hp Or Fixed Sum Agreement

 

Cant Have A Bit Of Both

 

I Would Make Mincemeat Out Of Them In Court

 

They Have No Tital To The Goods Under A Fixed Sum Agreement

 

Period

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interesting why the blanked out the heading

 

judge will want to know why

 

i can tell you now, thats no hp agreement

a regulated agreement would have a termination point on it

 

pay xyz and return the vehicle and owe nothing

 

thats a fixed sum loan agreement

 

what the curent state of play on this surfer

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