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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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Frederickson International/Arrow/Paragon


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Hi, we received a letter from Fredrickson International last week about a 4.3k debt, apparently they're acting on behalf of Arrow and Paragon held the original debt. When my dad, who's 72 this year got the letter he called them up and offered them a pound a month. After telling me about how they refused I started looking in to things and we've decided to send off a CCA request letter and follow it up with a SAR if they can provide a proper one, but I have two quick questions.

 

First it's entirely possible that no payments or contact was made from us regarding this debt in the last six years, if that's the case does the fact that my dad made an offer prevent us from claiming the debt is statute barred, and if it doesn't does requesting the CCA and making a SAR to confirm information about the debt have an effect on it?

 

The second one is a lot simpler, since we're requesting data they hold on us the letter should be addressed to the Data Controller correct?

 

Edited to add link to photo of letter with all personal information excised.

hpim0256.th.png

Edited by Lewis1982
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hiya,

 

If you live in Scotland and no payment or acknowlegdement has been made in 5 years then it becomes statute barred. They have to prove that you have in that time, if they claim you have.;)

 

I would hold off for now re cca and sar and send the stautue barred letter first and see what they come back with:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/577-statute-barred-letter-scotland

 

 

Always send recorded delivery and just print your name.

 

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It's been a week and apparently the statute barred letter is still being progressed through the Royal Mail's system. We now have a Letter Before Action instructing us that if the debt isn't paid in full within seven days they'll take immediate action and additional fees will be added, honestly not too worried since as I said my dad's 72 and we're already paying off a few debts so I doubt the court will insist he pays too much a week. Still we sent the satute barred letter to their PO box address, should we try sending it again to a different address if we can find one?

 

Edit: comparing dates it seems to take four days for their letters to get to us so if you think it's worth sending the letter again I'll wait until Tuesday or Wednesday. Since even though we missed the last post on the Friday we sent the letter it should still have arrived by Wednesday, assuming the postman just hasn't bothered to get a signature.

Edited by Lewis1982
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They only have a few standard threatomatic letters and this is a fairly over used one. Does the letter say will take legal action or may take legal action? Normally you would receive another threatomatic from Fred's in-house solicitor first anyway - who being an English solicitor isn't allowed to practice as one in Scotland but nevermind.

 

Recorded delivery can take quite a while I'm afraid these days (up to a week is not uncommon) so don't rush to send off another letter.

 

Anyway if you need it Fred's address is:

Fredrickson International Ltd,

Persimmon House,

De Havilland Drive,

Brooklands BusinessPark,

Weybridge,

Surrey.

KT13 0NT

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory, it does say we will take legal action and then lists the debt, and the interest and legal charges that will be added on if it goes to court. I'll get the camera out and take a photo later, but I'll definitely wait until we get a letter from their solicitors then before sending next day delivery letters. Frustratingly the recorded letter is still being progressed through their system according to the website.

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We received a letter from Freddie's today thanking us for the correspondence and telling us that they're contacting their client for instructions and the account is on hold. Since neither dad nor I can remember anything about a 4k loan since my mum died in 2003 it should be either statute barred, or it belonged to my brother who was named after dad.

 

If it isn't statute barred then hopefully the CCA or SAR will sort out who it originally belonged to. If I remember rightly the yellow "give us the money" letter mentioned a successful trace, which seemed odd since we've stayed at this address for 20 years or so, and the only people who've been chasing owed money in the last few years are Capital One and Provident, both of whom should be paid off by summer next year with a bit of luck.

 

Anyway thanks for all the help so far and I'll be back in touch once there are any more developments.

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