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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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Court Action Now


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So I originally got involved with a bank recharge company over a nationwide debt and trying to reclaim charges.

 

Around the time the whole bank charges thing kicked off I aked Nationwide to cancel a DD, they didn't do so, and I was charged, they refused to refund it, and said they couldn't find any paper work to validate my claim.

 

I told them (thanks to the advice of the original company) that the charges were illegal and I would not be paying it as they refused to be reasonable about paying back the debt I couldn't afford. I told them that the account was in dispute until such time as the charges were argued in the courts.

 

They then opened another flex account for me, and said whilst the bank charges were being debated in court I could use the other account. They then decided to continue adding charges until it was over 500.00.

 

I went back to the bank and told them that it was wrong of them to charge me whilst waiting for the decision as it was being dragged out by the courts, and they agreed to stop the charges and put the claim on hold until after the court case - I have the letter for this, two in fact.

 

I then heard about the hardship fund and tried to apply for it via the bank, but they refused it and basically were totally out of order in the way they treated me.

 

I then received a debt collection letter, they had refered me to a debt collection agency, even though I had told them the account was in dispute, and they wouldn't try to collect on the debt.

 

I spoke to the debt collection agency, who after a bit of arm twisting behaved quite reasonably and went back to nationwide, I then eventually got the reply that they would not try to persue the debt until after the court case.

 

My response to them, was that the debt was in dispute, and twice I said if Nationwide wish to recover any money then they are to take me to court for the money, as I don't believe the outstanding monies is a fair reflection on what is owed. I even said this to Nationwide before the debt collection letter, I had said it all along to be honest.

 

Now I suppose my question is, can a debt collection agency continue to ask for money when I have told them to tell the people they are acting on behalf of to take me to court, and if nationwide refuse to take me to court, can they then keep forcing debt collection upon me?

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