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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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Vatican v IF Visa


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My good wife the mother superior had an IF Visa card. This card we stopped paying back in February 2007 and requested a copy of the credit agreement from IF. They failed to produce one. Blair Oliver Scott also failed and sent it back across the corridor to IF. Then Wescot had a go in January 08. Followed in March 08 by IQOR.

 

Next up was Robinson Way, who warrant a new paragraph, in June 08 after a Formal Demand (oh how we quaked) followed it up in August 08 with a special invitation ** substantial reduction ** special invitation for 30 days only a sustantial discount will clear this debt. Thirty days came and went.

 

Now it was Bank of Scotland who wrote in October 08 and offered 40% off the debt of £2,800ish. Either £1700ish as a one off or pay us £650ish month 1 month 2 and month 3. Oh how we were tempted to rattle the collection plates.

 

Then in July 09 Halifax wrote to tell us they had assigned all of its respective rights, title and interest to Hillesden Securities as of the middle of June 2009. This all arrived in the same envelope as as Direct Legal & Collections letter. And then a solictors letter from Aplins Stockton Fairfax in August 09.

 

Enough for one post story concludes in the next one.

Edited by hisholinessthepope
typo
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So we sent off a pleasant little note to Hillesden and copied in Aplins, it went;

 

I have recently been notified by HBOS that they “assigned all of its respective rights, title and interest in respect of the above referenced account to Hillesden Securities, effective xxxxx”.

I now write to communicate to you my position. In February 2007 I requested a signed copy of the Credit Agreement, this HBOS have failed to produce. I know that the lack of a signed Credit Agreement, in the required format and with the required content, is a fatal breach of the Consumer Credit Act 1974 for creditors.

As requested by HBOS I have made contact with you and advised you that this account is in dispute. In summary;

1) I do not acknowledge any debt for the above account.

2) Any further communication should be made in writing. Any telephone calls will be recorded and considered harassment. Telephone calls will be in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997, and The Communication Act (2003) s127.

3) No one from Hillesden Securities, direct legal & collections or any other organisation acting on your behalf has permission to visit my home. Anyone visiting my home will be considered a trespasser and their action will be immediately reported to the Police.

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After a couple of we will be in touch letters the following arrived from Hillesden - October 08

 

1 The original lender has been unable to supply a copy of the original agreement, however please find enclosed a true copy of the agreement which complies with your request under section 77-79 of the Consumer credit Act 1974.

 

2 Due to the above, we will not continue with any proceedings on the above account at this stage; however, should the documentation become available we will notify you accordingly.

 

3 Although we are unable to enforce the agreement at this time, the default will remain on your credit file until the debt has been satisfied.

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I have posted all the above just to let others know what happens and how the road runs over two and half years.

 

I myself also have an IF Visa account with a "debt" of just under £10K it is also with Hillesden, they have yet to tell me no credit agreement for this account. But I am sure they will eventually lol.

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