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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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We have so much debt, it seems only hope is selling house!


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If it's any consolation I was in the same position as Elsa and I'm still here too. CCA route is a good way to start.If they don't hold a valid CCA they have to stop enforcing the debt until such time as they either find it or reconstitute one.

 

Also to hopefully make you feel better, I was one of the ones who buried my head in the sand for three years pretending the debts weren't there. Yesterday afternoon I opened three boxes full of letters - every single one from a debt collector. Not one of them has taken the action they threatened and we're now 5 years + down the road.

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  • 2 weeks later...
Hi all, just wanted to let you know about a mini success

 

Today I received a letter from one of our creditors Clarity (card transferred from Diners to Citibank to Clarity over the years) stating they are happy to accept our arrangement to pay a reduced amount and have frozen all charges and interest. They have done this without any request for I&E etc and from our first offer. So it can be done!

 

Regards

N x

 

 

That's great news and it's a positive start. Well done. Sorry, I've only just got in so am late catching up tonight!

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  • 1 month later...

I have to admit I tend to keep my own library on my computer and ensure it's backed up. I rarely use templates nowadays as I think most companies are wise to them. They make a good starting point and are very handy for newcomers to a topic area, but I much prefer to craft a letter in my own words based around the template. I tend to find they tend to have better responses as well.

 

Letters are among the most significant memorial a person can leave behind them. (von Goethe)

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Now you're being pedantic! Indeed RIP are letters, and important ones if you believe and possibly if you don't. Having said that, I've had a lot of fun with DCA's by taking what they say literally when it is obviously not meant to be taken in this way.

 

What I was saying was I prefer my own words to templates. Templates are just that, a template. Letters (proper letters my dear pedant!) can be crafted almost into a work of art, and I've scribed a few where I'd love to be there when they're opened.

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  • 1 month later...

Hi,

 

Cahoot are now part of Santander. Moorcroft would not take the court action. They clearly don't own the loan, so only have an equitable assignment whereby they gain the rights to try to collect the money from you. The only way they could take court action would be in partnership with Santander (now the OC).

 

I would therefore be inclined to ignore any requests for what you'd rely on in court etc.... and either do just that, totally ignore it, or send them a letter saying that as they have not yet supplied the agreement the account is in dispute and so they must, as they have, stop all collection activity on it until the CCA is produced, or a reconstitution of it. I would also go on to say that you consider requesting details of what you would rely on in court if it went that far as an aggressive commercial practice under CPUTR 2008 Part Two Section 7, sub section 2 and against OFT Debt Collection Guidance.

 

If you do respond, finish by saying court procedures will be dealt with within clear timescales laid down by the court and as you disagree with them that their suggested course of action would be helpful, you have nothing further to say on the matter for the time being.

 

Hope this helps!

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  • 1 month later...

Apologies to the original poster for diverting your post for a minute - I do it by telling her I can do it better than her. Out of pure pride she proves me wrong.

 

Men are devious, but women....... well, I still wouldn't be without mine for all the money in the world (though I've always fancied a few camels lol!)

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