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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
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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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They have doubled what i owe!I in just 2 Weeks


Maycaz
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I have had 2 letters from these people in 2 days. Do i need to put the account into dispute or something? Or there is no saying how much it will grow to - it has only been 2 weeks!!

 

I thought i had made all 36 payments but they say not. My statement says i still owe £305.25

My Docs have been looked at and the details on the original agreement are wrong - surely that means they are not able to enforce it. Also it is not signed by them, my copy anyway isn't.

I then got a letter on Thursday telling me that they had added £25 to my account for UnpaidDD/Cheque. Yet they still haven't explained where they got the £305.25 from in the first place, but suppose they are correct just for one minute - a rare chance i know but just suppose -that would take the amount owed to £330.25

But on Saturday i got a Notice of Sum in Arrears and it states - Opening Balance of £315.93 and then " Shortfall for the Purpose of this Notice £602.10" how on earth can this be.

 

Has anyone else had this happen to them, what do you do to get it sorted? Do i write to them and what should i ask for?

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Hi Maycaz, they are quite crafty sometimes, they quote balances and then settlement figures which are two different amounts. The higher is normally the settlement figure as they add in interest that is backdated and charges etc.

 

I would check your agreement first, see if you can see that 36 payments have been made on your statements and if it has tell them to whistle and that they should write the remaining balance off as a satisfied debt as their direct debit is incorrect.

 

If not then depends on where you want to go with this, certainly ask for the £25 back, then if you want to go down the invalid agreement path you could try that for refund of all payments, they need to explain the figures though as it doesn't make sense, the only think I can estimate is that they have added a few charges and maybe one payment is missing to get the account balance, the 600 odd is inclusive of backdated interest. If the loan was taken out in January they might not have taken the first payment until February

 

Have they sent you a settlement figure?

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the statements they have sent me didn't start until the middle of 2008 so i can't see when they have the first payment as being and i have contacted my bank and they don't have an electronic record i would have to make a written request for the information - but surely Welcome should have it.

I have never missed a single payment on this loan and cancelled my direct debit only when i was convinced that i had made the 36 payments.

The figure on the agreement are out - only slightly but they are incorrect and that has been double checked. If i owe something i will pay it but i have been ripped off enough by these guys with PPI and a massive interest rate - i am not being taken for a mug by them again.

 

I think i should contact them by letter to request that they put in writting exactly what they have done to my account and i will also inform them if their figures do not make sense i will consider taking further action. Perhaps then i can drop the fact that the agreement is not signed on them.

They sent me a settlement figure - apparently they sent the me a written request for it but i have never written to them! Not sure what it was for but i will find out and post the details later.But is certainly was not for over 600 pounds!

What do you think?

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Maycaz, delete the account number in case nosey parkers from Welcome have a look!

 

Looks like major cock up to me, clearly the settlement figure at end of last month was loads lower like you said before, if they have mis calculated the payments then possibly why they showed small amounts owing but to me that looks like for all intents and purposes that should be that.

 

I would write saying that you want this resolved quickly,

 

Why send an unrequested settlement figure?

 

Why has the settlement amount jumped to virtually ten time the amount owed in 2 weeks.

 

Where have they got the figures from for the £70 odd £300 odd and £600 odd and why issue you a default?

 

Also why charge you £25 for a direct debit that should no longer be claimed?

 

Bunch of clowns!

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meant to say the settlement letter arrived 1 day after the DD would have normally gone and when the agreement was reviewed it was wrong by the amount they are trying to claim in settlement. They got their figures wrong but they want me to pay for their mistake.

if they said i had just the one payment that they suppose is missing and can prove it i'll pay it but to be honest i am beginning to get naffed off with it all.

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written to them today -didn't mince my words but let them know that i'm not messing about. told them i know that the figures on the docs are wrong and that my docs are not signed. asked them to explain themselves and informed them i will be taking further advice on where i stand.

just have to wait to see what they say. Fingers crossed

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