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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 
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    • 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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Whats the worst they can do (hypothetacally)?


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So assuming a self-employed person who rents their home has quite a bit of debt but ignores the situation, what could a bank do?

 

Assuming they owe a credit card of say £6K and the bank gets judgement by default, what then? They can't get an attachement of earnings as self-employed, charging order isn't possible and assuming the person is savvy enough not to let a bailiff in and also either parks his car on private property or is of little value - what would be the bank's next step?

 

I know this wouldn't happen to anyone on here, I just wondered at what point would a bank/DCA decide to call it a day?

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They won't call it a day... they have chased some people on here for 10+ years.

 

The point is whether you can ignore them or not. If you know there is nothing they can do... then that is what you have to console yourself with I guess.

 

When was the credit card taken out?

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Thanks for the reply.

 

It was just a hypothetical thought really for me to understand the CCJ process. I do have quite a bit of debt but as I'm a homeowner the possibilty of charging orders and forcing a sale are very much issues in my case.

 

With a debt of £6k then I would imagine a Stat Demand would be a likely course of action for any debtor.

 

Is the card agreement enforceable (that you know of)?

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Even on a self-employed person with no assets? Surely this would just be throwing good money after bad from their point of view? Or do you mean they would send the SD but not follow up with a bankruptcy petition?

 

As I say, I'm far from this position and I'm currently in the process of either requesting CCA's and keeping others at bay for the time being until work picks up with a self-managed DMP.

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Even on a self-employed person with no assets? Surely this would just be throwing good money after bad from their point of view? Or do you mean they would send the SD but not follow up with a bankruptcy petition?

 

As I say, I'm far from this position and I'm currently in the process of either requesting CCA's and keeping others at bay for the time being until work picks up with a self-managed DMP.

 

My brother in law was made bankrupt... he had £25k negative equity in house... previously self employed but was unemployed at time of SD... he was made bankrupt 3 months ago.

 

So I would answer yes... this is certainly a route they might consider.

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I find that very interesting and really do wonder about the motives in a case like this. Are they trying to prove a point as it seems likely they would have received nothing from the bankruptcy that they have spent the best part of £1000 to bring? I wonder if they had mis-valued his home or thought he had other assets?

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One could certainly speculate it could have something to do with an insurance policy taken out by the creditor for situations like this... i.e. they need to make a person bankrupt before they can claim on their loss.

 

Just speculation but it wouldn't surprise me in the slightest.

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I thought that once a CCJ was obtained then the debt could never be statue barred?

 

 

Well they would have to get the CCJ first So, when you go you send them all by recorded delivery your new address in mongolia

 

And even a CCJ has to be renewed after 6 years

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send them all by recorded delivery your new address in mongolia

 

 

Can't you just do that anyway, even if you live in Slough!! ;-)

 

Thanks for the info though, very interesting. Are there any countries where they can legitimately persue you through the local courts?

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Can't you just do that anyway, even if you live in Slough!! ;-)

 

Thanks for the info though, very interesting. Are there any countries where they can legitimately persue you through the local courts?

 

Pass... although I know Batman has no jurisdiction :D

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Pass... although I know Batman has no jurisdiction :D

 

Just the robbin SELF EDIT DCA's eh?

 

Look do you want to talk hypothetical or truth? Truth, someone not a million miles from where I am sitting may or may not have moved to spain for a number of years and then come back with a nice clean UK slate

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