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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

ipa help


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so you went through an IP rather than the AIB?

 

then still goes through the AIB who then can nominate to keep your IP as your trustee rather than an AIB appointed trustee.

 

The trustee i had from the AIB was great and went through everything and inlcuded extras like vet bills etc that i hadn't even thought of.

 

I think you are going the right way,

 

 

Ask for a complete breakdown via letter.

 

You can call national debtline 0808 808 4000 or the AIB themselves when you get a response and they may be able to help calrfiy how much they would but basically any surplus amount of monies after your household expenses are deducted can be taken

 

But if you cannot agree with your trustee then the sheriff can be asked to make a decision,

 

Ida x

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I know the trustee i had inlcuded £20 per month for emergencies/car mot etc

 

do you have things like this in your income and expenditure?

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theres something wrong or they are not allowing the full amounts for certain things

 

if your surplus is £98 then you should only be paying 50 - 70 % of the £98.

 

I would suggest that tomorrow if you have 1/2 hour contact national debtline and ask them to go through your income and expendiutre to see if they find the amounts reasonable that you have.

 

if they do i would write to the IP again with your correct income and expenditure and ask for a written explaination on how the come to their figures and that you want them to reassess your income and expenditure and you want a written response. I would send it recorded/special.

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no probs, national debtline is normally very good and very helpful.

 

can you keep us updated as it may help someone else

 

ida x

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let the sherriff decide then.

 

ask the aib for their response on what your income and exp is like to take with you as well,

 

ida x

  • Haha 1

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  • 3 weeks later...

can i just check - your i and e includes all income in house inlcuding your wifes?

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ok good just checking :p

 

 

I would be forcing their hand to let a sheriif decide and keep copies of the NDS i and e on the headed papaer etc

 

any response from the AIB yet?

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  • 2 weeks later...

cancel the dd,

 

i would send him a recorded letter that until it is agreed in writing about the amount you are to pay that no direct debit is to be set up. advise him as he is asking for more than available then you want the court to decide and advised him that you have already taken advice from national debtline and the AIB. i would start as well asking for any contact from in writing only so you have paper trail.

 

ida x

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i am not sure as i was thru AIB appointed, maybe asking AIB that question ;)

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