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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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On the debt collectors side


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Jordan,

 

I can understand the reasons for some of the things you have submitted to this thread. I do, however, think that you are sadly mistaken on many points.

 

People have given some very relevant examples of situations where they find it difficult to maintain payments of the levels demanded by DCAs.

 

Harrassed Senior's example was particularly pertinent and I do feel so bad for him/her in their current situation. Surely, when someone is suffering genuine hardship through no fault of their own, any reasonable organisation, DCA or not, would consider some kind of amicable agreement - even if only short-term? It benefits both parties in the long run as the debtor gets breathing space to be able to sort their finances out and the creditor eventually gets paid the sum that they assert is owed.

 

People's examples of income/expenditure here seem to have passed you by - especially the idea of £12.50 per child per week - you may now be in the privileged position of not having to cover expenses for dependents, however, one day you may be. I hope that when that day comes, you'll remember this thread and have slightly more sympathy for what people have said.

 

On the matter of income and expenditure, maybe you would be kind enough to give us your thoughts on the following:

 

Male, mid-40s on Disability Allowance after suffering two life-threatening illnesses. After 18 months, he is desperate to return to work and therefore goes to his GP and requests to be signed as being fit for work. The GP is concerned about this, but relents.

 

During this time, five DCAs are all demanding a minimum of £20 per month each - £100 out of a total income of £320. Nearly a third of income.

 

Question: Could you afford to pay 1/3 of your income each month, before bills, living costs, etc?

 

The Government, via the DWP states in all income correspondence with those on benefits: "You will receive £xx per week, which is the minimum amount that the government believes you need to live on."

 

So, out of that minimum, DCAs would expect a person on benefits to pay out 1/3 of it to all creditors?

 

That is the reason why, when many people are CCJ'd, that a magistrate or judge rules that a payment of between £1 and £5 per month is payable. It is a reasonable judgement and is quite simply unnafordable otherwise, no matter what your bosses may tell you.

 

Not everyone is out to "fiddle the system" - most of us would love to be able to work/earn enough to be able to pay back any and all monies owed. However, with the tactics used by most DCAs, this does become impossible. Sometimes people get 20 - 30 phone calls a day from the same company. Their employers are phoned, their family and sometimes even their neighbours. Do you not think that should be classed as harassment?

 

How about letters that purport to advise that court action is imminent, when the DCA has no legal right to assert such, nor to carry out that threat without a court ruling? Isn't that bending the truth at best? At worst, it's lying, bullying and scare-mongering.

 

How about threats of illegal doorstep visits that contain the thinly veiled threat that bailiffs will arrive, when bailiffs can only turn up as a result of a court order? Again, Isn't that bending the truth at best? At worst, it's lying, bullying and scare-mongering.

 

If you truly believe that your own company does not use any of these tactics, then presumably they'll be the one whose tender is accepted by a very cooperative lender. Unless, of course, they are found to be morally bankrupt - a condition far worse than being financially bankrupt.

 

I thought I was lucky when my brother got me a job in a violin factory in Bow - he pulled a few strings. I decided not to stay though, as it seemed that everyone was on the fiddle.

 

Flippant, I know, but my point is that to the average debtor, it seems like most DCAs are on the fiddle. If you were faced with being conned out of more money than you owed, wouldn't you seek advice?

 

That is what organisations such as CAG are for. It's genuine advice for those in need, and shouldn't be a platform for criticism of the vulnerable by DCAs or any other bodies.

 

I would hope that you'll take my points as being constructive and maybe think a while about how those who are genuinely suffering hardship should be treated in the future.

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