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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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Welcome moved the goalposts


slimblondeuk
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OMG, I am so excited, thank you so much post for taking the time to deal with me i have read a lot of threads and your the MAN..... so whats the top and bottom of this then? What does this all mean, and what is the next approach? Again, thank you all for your time.

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Give Me A Few Days Yo Put An Initial Letter For You To Send Welcome

You Will Get A Bog Off Letter By Reply

 

Its Post Office Ping Pong For A While

 

THE AGREEMENT IS BOVINE EXCRAMENT AND WE NEED TO GET IT PUT INTO DISPUTE

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I will quote from the default letter

 

'arrears' £992.72

Oustanding balance under this agreement £9872.79

Less rebate allowable in future instalments* (£1724.85)

Less insurance rebate* (£0.00)

Total amount to be paid: £8147.94

 

I hope this makes sense.

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Now Ime Going To Give You The Good News

 

You Are Paying Interest On It

Thats A No No As Its A Charge For Credit

 

I dont think she is paying interest on it as they have added it to the amount of interest being paid. therefore it is on top of the cost of the goods

 

The isssue is whether it should be classed as a "charge for credit for goods" IMO its not, it is basically a balloon payment at the end of the agreement payable to keep the car. I would of thought that this is to be listed in its own box out side of the main calculations and stated clearly that it is to be paid at the end of the agreed repayment period if you want to keep the car. not hide it away in the T&C.

 

do you agree?

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the option fee has been classed as a charge for credit

s. t. and u

 

i has been then carried over to total charge for credit

v and w

 

this option fee needs to be added either on the first or last payment on the agreement

 

it should be made up say on a 48 month agreement

 

1 payment of xyz

then

47 payments of xyz

 

or 47 payments of xyz

then

1 payment of xyz

 

as it has been included in the total charge for credit, they are stuffed

you are right

it needs a box on its own

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thats what I thought. That means mine is total balls too heh heh as its the exact same layout.

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/223490-welcome-employee-told-my.html

 

The problem is, im trying to reclaim the insurances first, so dont want to rock the boat about the agreement.

 

Is there some concrete evidence that the option fee cannot be classed as a charge for credit and that the agreement is unenforceable or disputable. Any example where someone has used this arguement and won?

 

would defo be helpful for some people to know.

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Just read dibs commentsa about other issues with my agreement, are we still going the route you suggested with the letter to compliance Post,or another way with a different issue regarding the agreement, i'm kind of confused? :confused:

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I dont think he's been on for a while, but he'll be back dont worry!

 

The letter should be worth the wait going on some I've seen previously, so hang in there :)

 

Let us know if you get any more crap from Welcome in the meantime and one of us will help you.

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HELP! I've received a letter today in the post it says: WITHOUT PREJUDICE We refer to the Notice of Default issued from this office on 31st December 2008. In order to protect our interests, your hire purchasr account has now been terminated and the full balance of the account is now payable. Depending on what you have paid this means we either reposses the above vehicle or apply for a court order without further notice to you. In addition you may be held liable for any remaining balance after the vehicle is sold and the proceeds credited to your account, and we reserve the right to commence legal proceedings for the recovery of any outstanding sums. We would strongly urge you to contact us as a matter of urgency. No further notices will be issued."

 

I've spoken to the manager a couple of weeks ago and said what post had to say, what should I do now, I feel as I am on borrowed time, I haven't paid a third either so what do i do. PLEASE HELP!:(

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Hi slimblonde im afraid I dont have any advice but am watching with interest as i also havent paid a 1/3 on our agreement and am expecting a without prejudice letter soon :/ My comment at least will bump this to the top for you. Best of luck :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

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