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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
      • 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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Is this A&L default lawful


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Letter dtd 21st January 2010, (Thursday) possibly 2nd class i.e. 4 days posting time say Tuesday 26th January, allowing you 3 working days to remedy. Clever are they not???? info as per Practice Direction regarding postal times and working days as per J R BICKFORD SMITH Senior Master Queens Bench Division.

:mad2::-x:jaw::sad:
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Hi , thanks for your answers.

 

Hold on to that information for the moment, it could come in very handy in the future.

 

In what way could it be handy?

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In that if they now terminate the account it will be an ulawfull rescision ( why is my spell checker not working??) you will only be liabel for the arrears, is that amount they have stated the arrears? Or is that the full amount of the debt? Seems awfully high!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well, wait until they terminate the account, accept their unlwaful rescision, and you are only legally obliged to pay them the arrears.

 

The DN is inherently faulty, keep a copy of it...safe!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hmm, missed that point.......damn beer! Cheers Ford....

 

Did'nt realise it was for an OD..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It wasn't for an overdraft.

It was a flexiplan account with a £3000 limit.

I could transfer upto this amount into my current account and it was paid back by standing order at £100 a month.

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In that case then my previous post still stands, wait until the terminate the account, or pass it to a DCA who requests the 'Full' balance then they will have terminated the account, and unlawfully rescinded the account, and you will only be liable for the arrears.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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It wasn't for an overdraft.

It was a flexiplan account with a £3000 limit.

I could transfer upto this amount into my current account and it was paid back by standing order at £100 a month.

 

 

oh ok. some form of loan account? so they're demanding the full 'outstanding' amount of the account, as well as your current account? but why does the dn state for eg repaying the 'overdraft' on the flex account?

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ok, so are they treating the £3067 as an 'overdraft'? which is the full amount outstanding on the flex ac that they are now demanding? so, there's no 'arrears' as such?

Edited by Ford
typo
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While repudiatory breach for an invalid DN is significant in relieving you of the obligation to pay sums not yet due, that is of little value in a debt where the whole balance is due.

However, without issuing a valid DN, they don't have right of action, so keep it under your hat and hit them with it if they issue a claim.....:)

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