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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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Welcome Finance Default Notice


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Please help. I have today received a default notice from welcome for my car finance.

 

The first part says Date 01 March 2010

 

Agreement number xxxxxxxxx

between xxxxxxxxxx (Myself) and Welcome Finance of xxxxxxx

 

We refer to the above agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. Youy are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of xxxxxx with fourteen (14) days

 

Its goes on to

 

Total amount payable under agreement £xxxxxx

 

Total amount that you have paid by the date of giving of this notice £ (this is blank)

 

Payments to be made

 

Outstanding balance under this agreement (blank)

 

Rebate of acceptance fee and credit charges (blank)

 

Rebate of insurance (blank)

 

Rebate of interest (blank)

 

Total amount to be paid (blank)

 

Alsothe agreement is in joint names, both myself and my wife signed the agreement. My wife is not mentioned on the default notice and has not received a default notice.

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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So they did not terminate your agreement as they state they will on the default notice or repo the car?

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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I do not want to lose the car can anyone confirm or clarify?

Thanks jackst01

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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If you have paid more than a third on the car then they cannot repossess without a court order. You should post your agreement up here so someone more experienced can check it out for you.

 

It is only a default notice you need to worry if you get a termination notice.

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I Can't find the agreement at the moment but I have not more than a third on the car

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Please help. I have today received a default notice from welcome for my car finance.

 

The first part says Date 01 March 2010

 

Agreement number xxxxxxxxx

between xxxxxxxxxx (Myself) and Welcome Finance of xxxxxxx

 

We refer to the above agreement which you have entered into with us. The terms and conditions provide that you must pay each monthly installment in full on its due date. Youy are in breach because you have failed to pay the contractual installments.

 

To remedy the breach you must pay to us the total arrears of xxxxxx with fourteen (14) days

 

Its goes on to

 

Total amount payable under agreement £xxxxxx

 

Total amount that you have paid by the date of giving of this notice £ (this is blank)

 

Payments to be made

 

Outstanding balance under this agreement (blank)

 

Rebate of acceptance fee and credit charges (blank)

 

Rebate of insurance (blank)

 

Rebate of interest (blank)

 

Total amount to be paid (blank)

 

Alsothe agreement is in joint names, both myself and my wife signed the agreement. My wife is not mentioned on the default notice and has not received a default notice.

 

If they have only given you 14 days to rectify this default then it is not enough as they have not allowed enough time for posting. This could be great news for you I hope.

If you have a look at the invalid default thread you will see how this default you have received could be very beneficial for you. I am sure the experts like diddydicky and pinky69 will be able to give you some very sound advice.

 

If possible can you scan up the DN deleting any personnel details and numbers so that we can have a proper look and advise better?

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I can scan it but how do I get it onto this forum?

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Have a look at this thread it is really amazing. It has so much information about Default Notices. You see if there is any thing that is not legally correct about a Default Notice then the creditor cannot enforce the balance, only the arrears that are stated on the DN.

 

14 days is not enough days to rectify the breach. I am still learning a lot myself, and I am sure that many will come along and correct me if I am wrong, but hopefully I do believe that as Welcome have only given you 14 days they have not allowed time for posting which is a no no.

Have a look at this thread.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

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Thank you frettful I am now feeling calmer than when I opened the notice today

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Default notice

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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The default notice is defective it doesnt state a date in which to rectify and 14days from date of it isnt long enough to remedy as it doesnt allow for postage. I have had one and a termination notice off the back of it, the car is parked outside despite being told several times that the recovery company have been instructed to collect it. If you need any help posting up agreement just shout :)

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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Default notice uploaded plus letter that was with default notice

Edited by laverda1147
Addition

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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can you post it using the code as it cant be read properly with thumbnails :)

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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ok don't know if they are legible. I think i need help with uploading them please

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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if you go to the document on photobucket at the top will be a share option, copy and paste the code starting into here that should make them fine to read :) im around for a while if you have any probs

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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photobucket.com/albums/zz151/laverda1147/welcomeDN1.jpg[/img.

Edited by laverda1147

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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deleted

Edited by laverda1147

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Looking at the default notice, I would definitely say it is defective. There are no figures where there should be figures and no date by which you have to pay by (even though it says if you don't pay by the date shown), as previously mentioned.

 

If you read carefully, there are a lot of ifs and we mays!

Edited by jackst01
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sent request for copy of agreement today by recorded delivery. What is the statutory time limit for their response to this

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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Should I now wait for copies of agreement to be sent or go ahead and make a subject access request?

Any advice is freely given. Most of the advice given is information I have learnt from CAG and fellow Caggers. I am in no way legally trained, so please do not take my advice/opinion as gospel

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I think I would send SAR straight away as they have longer time to sort this out and also you should receive a Statement in it which would show exactly how much you have paid and also any charges that may have been added.

Dont forget to send a £10 postal order and dont sign anything...just print your name....and recorded delivery again.

 

Good luck

Dawnx

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