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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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Wonga advice


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WONGA:

 

"As part of the terms and conditions your account is live for a maximum of 60 days. Throughout this term if in the event of a default we do require you contact us and a arrange a mutually acceptable arrangement for payment of the account.

You borrowed £xxx on the 24th February 2010 and promised to repay £x,xxx.xx on the 18th March 2010.

 

The borrowing rate is 1% or £1 per £100 borrowed and it stays the same when you default. The increase you see on a daily basis is 1% for the extra day your account is overdue. The sooner you come to an agreement within the 60 days the lower your balance.

 

Your current balance is £x,xxx.xx and y days over-due.

 

Please make a payment to show your intentions.

 

Although your proposal is acceptable the total amount you are offering is incorrect as per above explanation. We will freeze the interest as soon this is acknowledged

 

Interest and charges will continue to be applied to the account and letters issued to protect our interests until a mutual agreement is in place in accordance with the Terms and Conditions of the Credit Agreement.

 

However should you wish to continue to communicate by email please make a proposal to pay with amounts and dates stated and we will get back to you. ( it takes longer to make arrangements by email )"

 

Reply:

 

"Thank you for your speedy reply, as you will see from the dates of the previous e-mails it makes a change. I fully believe, as I was willing to make an agreement from the due date and that Wonga have drawn out the process by either failing respond via the methods indicated or by doing so slowly, that I am not liable for the charges you are levying as they are unreasonable under terms contained with the Consumer Credit Act 1974 and the OFT's guidelines.

 

As explained before I will make a payment of £100 tomorrow and every 7 days until the loan amount I acknowledge is cleared. At that point, if Wonga wish to despute the additional amount it is your option to present your case to court for due consideration. No course of action other than the court ruling in Wonga's favour will force me to pay anything more than the amount originally due."

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MASSIVE NEWS:

 

Wonga replied to my last e-mail confirming they were more or less happy with the terms, they have amended them to split the payment equally over 10 weeks, rather than 10 weeks @ £100 and then a final balance payment. The repayment plan is configured on their website and we are ready to go from tomorrow.

 

NO additional charges or interest on the loan, other than the initial £10 failed collection.

 

I think it just goes to show they surely know what dodgy ground they are on. I hope anyone who is having a ruck with them at the moment can use the letters I've laid out in this thread as a template for receiving the same level of success.

 

I will keep you all posted as time goes on, but given I have everything in writing, I think we're ok. Thanks to everyone who has contributed either directly or indirectly to getting this far. We do have the power people, we just need to know how to use it and show these parasites who's boss.

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  • 4 weeks later...

Tee4Tim,

 

Did you ever succeed in actually sending a letter to them and/or receiving a reply, or did you conduct the correspondence strictly by e mail??

 

Any info will be gratefully received.

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