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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
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Honest, trustworthy firms/sols willing to act?


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I'm back on the forum after a lengthy work-related hiatus. HBoS have thron out my claim on PPI and I now need to go after them on the enforceability of the loan itslef. No point in setting out details here as many Caggers will know from my PPI thread that the way the loan is set out is a mess.

 

However, because the house is tied to it, I can't just stop paying on the grounds of the loan being incorrectly set out. Thus, just before I left to work abroad, I spotted a thread/post where a Cagger stated that honest, reputable firms were now coming forward to help with such issues. For a price of course; I understand that. Since I've had no luck with lawyers re this, can anyone recall the thread stating who these firms are, or give me any further pointers?

 

Good to be back.

 

FLyboy

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  • 2 weeks later...

I have been trying to get a Scottish lawyer for ages. They alll seem to be in the pockets of RBS/HBOS/Clydesdale etc. and quote "conflict of interest" when you ask if they can help.

 

Rule of thumb - if they are any good and know anything at all about Consumer Finance law (CCA1974 etc.) - then they are very probably already retained by the Banks.

 

Whatever happened to "equal access" to justice?

 

I hope other CAGGERS will prove me wrong by providing excellent names!

 

BD

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Two big firms up here with financial departments totally blanked my letters; others say they can't help or become rather curt when you mention what it's about. And my own solicitors financial guy ignored several weeks of emails before finally stating that he was 'too busy' to assist.

 

I have been told national Debt Scotland might help with advice but what am dealing withe here is not a debt, rather an unenforceable (I am positive) mess of a loan. I really don't know where to turn next and the months are ticking away on this.

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That's exactly what I found. I know nothing about National Debt Scotland. I used CCCS but they were only useful in getting lower payments set up - not interested in anything to do with getting debts written off or unenforceable etc. - funded by the banks after all!

 

Have you tried FOS? At least you can get through to them by phone and e-mail - but again I found them pretty toothless. However it costs the banks £400-£500 every time someone refers them to FOS - so at least its worth you trying them. Also the Banks must do as FOS tell them if you win - but you don't need to do so if they don't support you. Banks can't go to court if they lose at FOS - but you can!

 

However I found investing a lot of hours in looking at relevant threads on here was the best approach and gave me a lot of ammo (templates, copy of CCA 1974, case law etc.) and confidence to fight on harder and longer.

 

I think I am about to get £20k of card debt written off - or not chased up - because of lack of valid cca or dodgy DN's and TN's - all ammo I got from CAG.

 

Sorry I can't help more - only sympathise.

 

BD

Edited by Bigdebtor
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You are right about the closing of ranks of the law and finance types and this has made me really angry. The law boys will stand up for you in the courts arguing your case after youve wiped out a human life yet they will not stand before a judge and back you up against a bunch of thieves called a bank?? They should hang their heads in shame! But, there is no shame where coin lies, is there?

 

I rest my case!

 

I have something in mind, though ,after speaking about this with the Mrs. a few minutes ago and if I get anywhere with it, I'll get back to you. May take a week or so.

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