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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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CCJ over 6 years advice please


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Hi, if you have unacknowledged debts over 6 years old they are statute barred and as such unenforceable in Law and should also dissapear from your Credit File.

In the unlikely event of another DCA chasing the debt you should send them a letter requesting a True copy of the original CCA which probably doesn't exist any more.

If you need a letter you will find one in the template section on the site, just follow the instructions when you do it and remember all the rules.

 

1. All communications in writing - No telephone.

2. Send all communication by Recorded Delivery.

3. Always print your name - Never Sign (or use a signature diff than you usually do)

 

They have 12 + 2 days to comply with your request if they dont, no case to answer.

If you need more help keep posting and help will follow.

 

B

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What i mean is, a CCJ will no longer appear on your Credit File after 6 years. I had 2 and they dissapeared.

It is the debt that is SB after 6 years and because it is unlikekely another DCA will try to pusue it, but you can never be sure with them.

Some dimwit of a firm may try your ignorance of the Law to make you pay and if they do send them an appropriate letter from the Templates on this site in response to whatever they send to you.

Because of the time lapse it is most unlikely the original is available and for them to re-apply the CCJ they will need all the original docs.

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The CCJ will dissapear after 6 years.

For it to be re-applied to your CF it will have to be proved to be a debt that is still pending, ie, under 6 years old. As it is over that time,the debt not the CCJ, is SB.

I cant see how it can be re-applied to your CF twice if the debt is SB.

It has probably been written off by the Lender anyway as unenforceable and will cost another DCA money and time to try to re-apply it knowing it is SB.

Has anyone contacted you about the debt and have you checked your CF?

If I have been helpful please tickle my scales or better still contribute to CAG.

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