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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
      • 162 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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Can I please join Cabot Fan Club?


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After a few weeks of peace, Cabot kindly sent me a package which arrived today following a CCA request some months' ago.

 

The following was on two seperate sheets, but I think back and front of a 'Reply Card'

 

CabotCCA.jpg

 

As well as the above I received a photocopy of the above with my signature and date.

 

There are several sheets of Terms and Conditions which appear to be from a year after I applied.

 

A few photocopy sheets of 'advertising' for a Providian Card?

 

A Statement showing that interest and charges are still being added?

 

and finally, their smug letter.

 

What happens next?

 

As we have now complied with your request for information, we are able enforce (yes the 'to' is missing on their letter!) the credit agreement, which you signed and entered into (again not my typo). Enforcement means that we are able to obtain a County Court Judgment against you. etc.

 

If I do not contact them within 14 days we may reserve the right to escalate the account within our collections procedures (yes, all as was typed, but not going to correct, let them carry on sending out their illiterate ramblings.:p

 

On the NOTES in the margin it confirms, With this letter we have enclosed:

Copy of signed credit Agreement

Statement(s) of Account

Terms and Conditions

Free Advice Organisations Sheet

 

Is this enforceable please?

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Don't they need to provide you with a copy of the terms and conditions in force when the "agreement" was signed as well as any subsequent changes to those?

 

Under the "Important" box, they mention the 1974 act, which, although I think they've attempted to adhere to, they haven't quite managed it have they? Reply Card? Not Agreement? Not sure.

 

Are the T&C pages sequentially numbered?

 

There could be a case for claiming back interest charges if they've been added by Cabot rather than the Original Creditor.

 

I do hope someone can come along and give better/full advice on this.

 

Good luck!

 

 

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HS, give Consumer Direct - Contact us a bell and tell them that these clowns are threatening a CCJ on the back of an eroneous agreement which they say complies with your CCA request.

  • Haha 1

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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That looks decidedly dodgy to me. I don't believe that is a copy of a single document, it looks like a bit of creative Photoshopping from where I'm sitting :(

 

The bit that actually has your sig does not contain the prescribed terms, that's for sure.

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Looks to me like someone has copied those Financial terms from what was originally a card carrier sent out with their shiny new cards. First patagraph on the 2nd page says the definitions and other terms are set out in your 'enclosed' copy of the Providian terms and conditions'.

 

They don't 'enclose' terms and conditions on Reply Card Applications , so can't see them having been on the application card you sent back.

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As well as the above I received a photocopy of the above with my signature and date.

 

Only Signature and date or were the other boxes also completed?

 

It is an application form. There is a divide among caggers whether application forms are legimate CCAs.

 

Whatever you believe I sure think you will be welcomed by CFC, it took you some time to join.

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I got the same sort of letter from them, but mine enclosed a Reconstituted Agreement, which is total garbage, they are also adding interest onto the outstanding balance...I've not paid them, and don't intend to..think I should be joining you in the CFC!

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