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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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moorcroft are members of an affiliation with an on line email complaints facility..

maybe if we all complain about these illicit practices it may do some good.

 

Credit Services Association

Wingrove House

Ponteland Road

Newcastle upon Tyne

NE5 3DP

Telephone:00 44 (0)191 286 5656Fax:00 44 (0)191 286 0900Email:General Enquiries - [email protected]

Membership Enquiries - [email protected]

Training Enquiries - [email protected]

Services Enquiries - [email protected]

Complaints - [email protected]

 

007 :-) :-)

"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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scouser these loosers from moorcroft do not pay any attention to your rights or letters you send to desist from phoning..if you really must answer the door and are being threatened call the police it is an offence..

i have been dealing with these clowns for about 6 months now as they have been harrassing my mum....they only get to you if you give them airspace or ear space...they are a bunch of chimps that threaten everything and do nothing....they rely on continued harrassment to break people down....if they call dont answer the phone, or pick it up and put it on the tv and leave it for half hour...they soon get bored...do not try to talk to them as they are only interested in getting your cash....

if the situation is that dire and the debt is not in dispute i would apply to the courts for a time order...this should reduce the amount you pay and also is paid to the courts...make sure you complain to the oft about these animals..they need sorting out...contact the trading standards and make an harrassment complaint about them, do not sit quietly and let every authority you can know about the abuse you receive from these chimps...

they flout the laws of debt collection and every one should complain to the authorities and the regulatory bodies about them....but do not let them get to you and do not enter into any conversation with them...i have been paying my mums original creditor each month as the account is in dispute but they refuse to get moorcroft off her back..so we just play games with them and know they are stuffed...they have no powers of entry or any other POWER so just give em the finger....if the debt is in dispute stand your ground...

they have no right to visit your house without giving 48 hrs notice in writing and you have the right to tell them no you are not coming...they are all mouth...good luck and tell your wife not to worry...it is not worth it and that is what they want!!!

the problem is you are made to feel guilty about debt by these bastards...DONT...you have done nothing wrong and they are harrassing you which is an offence.

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"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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hi scouser....thanks for the goodwill and the same to you and your family..

the law is quite clear on this matter...they are required to produce that document within twelve working days..if after a further 1 month after that time has expired, they have still not produced the agreement, company have commited an offence...now in my experience this offence seems to carry little weight in the courts and i personally have yet seen any thing done about it...even on complaining to the trading standards...in fact when i applied to have a ccj removed due to non compliance of the cca and no agreement, the judge infact gave the company another 14 days to produce the documentation despite the fact they didnt even turn up at court or respond to any paperwork...he just stated that if the agreement was not produced in 14 days the ccj would be removed and it was...i have just had the same problem with the nasty west over a £20,000 loan of my mums which was missold in its entirety with ppi etc, and they cannot produce the agreement after 5 months...we have ceased payments just last week and have had there final response letter saying the agreement cannot be located..at this point the debt becomes stagnant...they can either find the agreement and apply to the court to enable payment restitution, or attempt to collect through other avenues..but until that agreement is produced before the courts they will have to move hell and high water to get repayment.

you are also within your rights to attempt to reclaim any monies paid to them as they do not hold a correct and proper credit agreement , and if you read laistes very good thread on this and his other postings you will see where i am coming from....it is all down to your moral compass and where you want to finalise the matter...

if you choose to do nothing and any other debt collector attempts to claim the debt, you repeat the proceedure and ask them to produce a true copy of the signed agreement, and away you go again...

if they do recover the agreement they will have to go before a court and explain the reasons for failing to comply with their duties and i have no doubt any judge would take a dim view of this and even if you were forced to repay( quite unlikely) you will be able again to have this done under a time order with the court so you pay only what you can realistically afford..so you are in a win win situation..

if they have not produced the agreement after 12 working days suspend payments to them, that is your right and any attempt at enforcing that debt with out the agreement outside the proper channels is in itself harrassment, dont put up with it, and stand solid...

i know it is difficult because these animals come on strong, but remember they only survive as a business because people give in and pay them, if every one stood their ground moorcroft wouldnt be around..which can only be a good thing.!!

always try to deal with the original creditor, even if they have refferred it to the dcas...if you pay the original creditor it cuts them out of the business and no matter how long they keep pressuring you remember it costs them money to try and upset you, so think positive they are nobodies who can do nothing with out the courts say so...dont encourage these chimps by giving them money you only make them wealth...

if they have purchased the debt you will have little choice but to pay them, but again pay them as little as possible, but remember they are still bound by the laws and still need the required documents to enforce the debt. also check they are not trying to reapply terms and interest on the loan they have brought..

as a last resort which is the cheapest, if there is no dispute on the debt and you have to give them the money, go to the cab and let them deal with it for you...the creditors have to let them take over the debt on your behalf and allow them to manage it at affordable payments from you....again this is time and costs to the dcas and they cannot contact you or harrass you any further once it has been put in the hands of debt management..remember they are trying to worry you to make you pay....you have done nothing wrong so dont even loose sleep over it....happy christmas to you both....007

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"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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hi..as far as i am aware morcroft and aktiv pis$ in the same pot...do not pay any money to them..wait until you have received the document and substantiated its correctness and that the full debt liability is owed. remember they are in breach of the cca until that document is forthcoming... there are some concerns surrounding this matter as to if they have to supply a true signed copy or an unsigned copy of the terms and agreements..stand your ground and do not accept anything less than a true signed copy...if they have it they will produce it as it would look silly if it got to court on the grounds they refused to supply the said full document copy. keep us posted..remember the timescale is still applicable and they must honour it.if they produce it outside the timescale stand your ground...keep us posted..

007 :D

"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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hi jon...unfortunately the judge who was hearing the case was severly disabled and to be honest i could not understand what was being said to me, and much discussion was not entered into, plus i believe it was predecided before i got in there anyway.

so l waited each time to read the letters you receive afterwards outlining the actions the courts have undertaken.

not ideal i know but he seemed a kind very clever man.

"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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