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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
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    • 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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Is this from Apex enforceable?


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What you received back is more or less is recent Egg agreement, what i think is reconstrude agreement

 

They would need the original true copy of the agreement for any court action

 

you can challenge Apex for a true copy of the original agreement

 

have you still got a copy of the agreement when it was first taken out?

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Ive had the same pattern of letters, i got the scary bailiff one, ignored it then it went back to the ''please call us'' letter..

 

I am ignoring for the time being. I have a feeling they might realise theyve bought bad debts and go away

 

They would have to have your original agreemnt to take you to court so i wouldnt worry.

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

 

What makes you think youll get a CCJ ?. Apex may make all kinds of threats in their letters, but to get a CCJ they would actually have to start court action AND win, there is certainly no sign of them doing that at the moment.

 

Making token payments is unlikely to help.

 

Perhaps you should re-read tour letter, I doubt it actually says pay in 10 days or or we will start legal action, i bet theres a few 'mays' and 'ifs' in there ! :) If there deff isn't then you may well be entilted to request all sorts of info. under CPR rules.

 

Andy

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

 

Yep, I've had 2 of those really scary red letters!!!!! :rolleyes:

 

I've just ignored them...PT's case is a matter of days away now so we're not far away from knowing if Apex truly have a leg to stand on.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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My account has been passed from capitol one to apex and I have £13000 o/s with them and i am paying £75 a month.just got a call and they want the debt paid in 5 years not 14 as it is. They are giving me a short time to get back to them with I & E again.I am paying them the max but they want more. It has taken 8 months to get the credit AGREEMENT and it would appear it is un enforceable. yet they are still chasing me.

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Riverdoe

 

Tell them they are not entitled to an I&E form, only a judge is. YOu cannot and will not pay anymore so they can take you to court.. (they wont because you are paying and they wouldnt have a leg to stand on)

 

Or

 

Go down the route of account in dispute - and dont pay any more until they produce an enforceable cca. Thats what im doing

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