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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.

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      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.
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      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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Can this default be removed?


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Hi there, I would like to thank anyone in advance if they have any positive comments about my situation. First of all here is the details from Experian:-

 

ENTRY NUMBER: C3

Name:

Address:

Date of birth: 10/12/19 Company name: HUTCHISON 3G UK LTD Account type: Communications Started: 30/06/2005 Default Balance: £322 Current Balance: Satisfied

 

Defaulted On: 25/09/2008 File Updated for the Period to: 12/12/2008

 

The story , and it is a good one, goes like this.....In 2005 I had recently finished university and started to work abroad for a large energy service company in the oil and gas sector. I had started a mobile phone contract with Hutchison 3G on the basis that if all bills were kept as I remember and a couple of other rules then you recieve a rebait in the 3rd, 6th and 9th month I think. Anyway it was a personal contract as the company had said I could choose the phone I wanted and they would pick up the bills. This one seemed very inviting with the 3G technology and the great price. Now for the duration of my using the phone the bills were paid fine until such a point that my employer chased the rebait which formed part of the contract. Now this apparently spiralled and I only found out at a much later date that no rebait was awarded due to paperwork not being returned and so there was a dispute over the bill itself. I was never told any of this, and was issued a new company phone and told that contract was stopped. About 3yrs later! I returned back to the UK to find that a default had been put on my credit file. At that point I didn't want or need credit and I thought after I paid it immediately that the default would be marked as satisfactory and it would cease to be a problem. I obviously did not understand and now the default apparently will be with me until 2014!!!! for a mere 322 pounds. Now however unfair it seems to me, I do not believ that the law, as it stands in on my side in anyway, and I am not sure the best way to proceed and if it is indeed possible to convince the company to lift the default given the circumstances. I personally had debts at uni, but ironically enough I worked every hour god sent to have them all clear and was never late with any credit inc mortgage etc my whole life right up until this one well and truly slipped through the net. I also now have a baby on the way and it is absolutely imperative that I clear this in some way to provide for my family. I will reiterate this 322 pound bill is the one and only blemish on my credit record and incidentally I also own 75% of my property and will have a 50% deposit for the next property I hope to purchase.

 

It also appears if I had never paid off the debt (which isn't really a consideration even if it was the company debt and not my own) then it would be off next year. But because I paid the debt in full in 2008 it is 6 years for THEN that the default stays, this makes no sense at all and the rules should be changed.

 

Any response would be much appreciated. I am offshore just now but could probably get more detailed information if required

 

regards

thenick113

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OK - first, the 6 years is from the date of the default, NOT when you pay it. Second, this shows you;ve actually paid it and no debt exists. Third, SOME firms will score you automatically, and despite being settled, will be treated the same as if a CCJ. I've always wondered why, but assuming they treat it as 'no smoke without fire' it remains their decision and there's not a great deal you can do about it. You COULD write a letter to 3UK saying this is causing problem and would they care to remove the record, as you are no longer a customer and would be grateful for their assistance. If they sat no, well, at least you tried!

 

Ensure all the details listed are correct, (date, amount, settlement?) if there IS an error, you can demand it be rectified, and if serious enough, insist to a total removal. Always worth a shot! Next time, don't mess with mobile phone contracts, wrecking your credit file for something as inconsequential as a mobile phone is really silly - especially as alternatives exist.

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