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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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The Funding Corporation - Bill Of Sale


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Hi - no I want to return it and not be liable for balance if I can get the BoS and credit agreement voided, so am back on line with payments.

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If you can prove the BoS is void and they then take the car that will be your leverage to get the balance wrote of as a void BoS means they need a court order to reposes and they are usually so bloody minded that they dont bother which means they break the law.

 

It all hinges on the BoS.The funding Corporation were known for dodgy BoS but the later ones have changed so maybe they have learnt there lesson.In fact the one in your link is different from mine in that a flaw in the printed text has been removed from yours.Mine refers to the total amount of credit as the principle sum which is incorrect but yours no longer does that.

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Hi - thanks for that - I don't think there is a problem with the BoS, I think were I may be able to challenge is that the BoS and the credit agreement have two different amounts for the the number of repayments, ie 59 and 60, also the BoS was signed by the sale rep and it should be witness by a person who will not gain from the sale, but being a sales rep he can gain, so might be able to use that one, also copies of the agreement they have sent me are not signed so not sure if they have a signed copy. But will keep everyone posted.

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Hi Gillypam - i am about to do battle with TFC could you tell me why your BoS was void. Got a call from them yesterday to say that I should phone them back and that they were open till 8.00pm tried after 1.00pm only be told offices were closed, the was on hold this morning for over an hour, tried all their numbers and it was the same response, your call is important to us please hold and it will be answered shortly. Surely there is something we can do as this is terrible making people phone 0845 numbers when they do not answer!!!!

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Hi nicky.the BOS has,nt got the stamp of high courts at the top so its void. l had stepensons solicitors they were dealing with it with the boll of sale being void they had a look at the credit agreement but no fawls in that.so they are closeing the case even with TFC admitting BOS is void.

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Mine has got all the necessary stamps so can't use that angle - ahve a few other ideas. Thanks for getting back to me.

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Hi Nicky, Apple , Guys

 

I've now been in touch with the Paper that supplied the artical, i'm going to have a chat with the reporter a little later. He gave me the link to the original person...below

 

 

eBayer's fight to win back £25,000 lost on car - News - getwokingham - The Wokingham Times

 

 

sounds almost the same as some of the guys on here..

 

until then.

 

trooper68

Trooper68:)

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Have they sent you a default notice? if they have sent to a seizure notice they will turn up and take it anytime, can you hide the car away from your house/work? If you can do it today, what they do is turn up at night, early morning and look for the car. As its the weekend, they have a nack of turning up late friday/early sat/sun. Hide the car while you sort this out. Today.

 

trooper68

 

Persha read the Repo of BoS in the sticky section.

 

2nded - the default could be the key if its a CCA agreement they cant repo without it

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Hi Nicky, Apple , Guys

 

I've now been in touch with the Paper that supplied the artical, i'm going to have a chat with the reporter a little later. He gave me the link to the original person...below

 

 

eBayer's fight to win back £25,000 lost on car - News - getwokingham - The Wokingham Times

 

 

sounds almost the same as some of the guys on here..

 

until then.

 

trooper68

 

 

I've run out of time today, i'll try tomorrow.

 

trooper68

Trooper68:)

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