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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 
      • 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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I have two defaults on my credit report for the same debt.

First one from the OC, the second from the DCA. Question is if the debt has already been defaulted by the OC, can another default be registered by the DCA?

If the DCA was not entitled to do this can i get them to remove it?

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Yes you can have it removed, one default for one debt, I had the same problem and wrote to the credit reference ageny requesting a duplicate entry removed, they in turn wrote to both parties with one (the OC) stating that they would remove the default and the DCA remained on. The DCA have yet to prove they actually own the debt or it's been assigned to them and I've told the cra this and sent them correspondence from the dca stating that they don't have the correct paperwork but still it remains on but essentially there is just the one entry for the debt now

 

Getting a dca to remove a default is easier said than done, the cra's seem to shift the onus on to anyone other than themselves and a dca rarely removes one simply because they're not made to....it's pants really.

I reside in Dawlish Warren but am not a rabbit.

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Yes you can have it removed, one default for one debt, I had the same problem and wrote to the credit reference ageny requesting a duplicate entry removed, they in turn wrote to both parties with one (the OC) stating that they would remove the default and the DCA remained on. The DCA have yet to prove they actually own the debt or it's been assigned to them and I've told the cra this and sent them correspondence from the dca stating that they don't have the correct paperwork but still it remains on but essentially there is just the one entry for the debt now

 

Getting a dca to remove a default is easier said than done, the cra's seem to shift the onus on to anyone other than themselves and a dca rarely removes one simply because they're not made to....it's pants really.

 

thanks guys, so if the oc remove theirs then the dca default will remain on my file for 6 years from the date they entered it? Or will the dca remove theirs? Im confused slightly!!

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In my case the orignal default was by the OC, then duplicated at a later date by the dca but with still the same date as the OC's..

 

The OC stated they had no further interest in the matter and removed their default, the dca stated that they wanted it kept on and it stayed on and will stay on until the 6 yerars are up (I've pushed to have it removed but it's still on but as the 6 years are up in 8 months time then for the time being it can stay on.

I reside in Dawlish Warren but am not a rabbit.

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In my case the orignal default was by the OC, then duplicated at a later date by the dca but with still the same date as the OC's..

 

Same with me...I haven't bothered about mine yet, to be honest, as I'm never going to get credit again and they will both expire at the same time!!

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

 

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