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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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stupiddecsiongirl
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Stupidly i took a loan with this company back in 2005. I had just turned 18 and was a total idiot. Anyway i paid the payments for a little while then went off travelling for a year.

To be honest i totally forgot about it all until last year in september i got a phonecall asking if i wanted to re-write my agreement.

I was expecting to have something in writing but never recieved anything.

I've been getting calls and msgs on my phone from someone called Pat who i didnt know so was never gunna call back.

 

Anyway, she turned up at my door last night handing me a letter saying i owed 3k. I told her she could get bent! Take me to court do what ever, but she said they will find out where i work and get my wage details and take the money out of my pay. She told me to call her this morning to 'sort it'.

 

I will be calling this morning but only to arrange to hav copies of my credit agreement sent. Surely they cant send their office staff to your door?

 

Also can they transfer my account from branch to branch?

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Pretty sure it's in their terms and conditions that they will visit your home if you don't pay up.... and they charge you £25 for it.

 

Also I have heard of a few people on here who have had an attachment of earnings order on their wages just as they have threatened you with.

 

Whilst you aren't paying them, your balance will continue to go up as they will be charging interest on all the charges you have accumulated.

Your credit file is probably looking very colourful too at the moment as they report how you handle your account to the credit references agencies.

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Hello stupid lol. We are all in that boat so don`t worry.

 

I`m not an expert or a legal adviser by any means, but if you look around on this forum there is plenty of advice to be had.

 

You neead to bear in mind that Welscum can be very pushy and under hand as well. It`s true they will be adding charges and interest all the time you do not pay them, and this will be reflected on your credit file every month that you don`t pay.

 

They will also be charging you for phone calls at £10 a pop, probably even if you do not answer. they will also charge £25 to knock on your door. There are certain things you can do though.

 

First how much was the loan for? Did you have any insurances including PPI with this loan?

 

Second, do you have any paperwork from the loan that can be posted up on this site, so some one in the know can ever have a look at it, and may be catch these **** out.

 

You may get them to stop calling at your door by sending the template letter about doorstep visits. the phone calls may be a little different, you can send the telephone harassment letter but they may not take any notice. Send them anyway and then keep a note of times and dates of all calls.

 

The above templates can be adapted as you think for your own situation. They can be found in the templates library, which is on the Consumer Action Group Home Page.

 

Hope this helps for now. Just be a little careful how you deal with them for the moment, you may find some thing out if you are polite that you wouldn`t other wise.

 

Some one will come along with better advice soon. Again though be sure about just stopping payments. It is best to find a legal way to do this in case it does go to court.

 

Post up your paper work if you have it and let us have a look.:-D

 

Cheers, MARK

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