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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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    • 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.

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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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1st Credit........Are they serious?


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Well the very fact they mention Mucky Hall in their letter tells you they are on a loser, Muckys only deal in debts nobody else is interested in or stature barred, the only time muckys will see the inside of a court during their collection process is as 'The Defendent'

 

Just let it lie and see what they come up with

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See also http://www.consumeractiongroup.co.uk/forum/showthread.php?261822-More-wingeing-in-Credit-Today&p=3122236&viewfull=1#post3122236

 

This is the 'industry' news, telling their members that the OFT want them to tighten up on identifying the correct person before pursuit of a debt.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Having slept on this, I'm beginning to get really angry and frustrated.

Am i being stitched up by 1st credit as they claim i have made payments to "their agents" MacKenzie Hall as recently as 2008?

This is a lie as i have never dealt with either of these company's ever.

 

They have my name, address and the address of a previous partner as they stated in their original contact letter,

They also state that the "debt" is from 2003, so surely it is statute barred, but with them stating that i made payments in 2008, is that a ploy to stop it being statute barred?

They will not be able to provide any evidence because there isn't any, unless they forge some documents.

Do you think i will hear any more from them?

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Thanks Elsa.

 

I'm torn between writing to them and telling them they have got the wrong person and threatening them with a complaint to trading standards for harassment or just completely ignoring them.

 

Then again i would be better actually making an official complaint to the OFT although I'm not sure how i would go about this.

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I know..it's tempting, but if it was me I would await their next response so you will have more ammunition for a complaint (if they continue to pursue it).

For they moment at least they have acted correctly in putting the account on hold. Let's see if they keep to their word.

 

Elsa x

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Hi Tiddles,

Have you thought about checking your credit file?

It's not unknown for these chancers to trash your credit file even though you aren't the person they are after.

 

Once they come back and admit their error, I'd raise a complaint with them and report them to Trading Standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Just a short formal letter:

 

Dear idiots anonymous,

 

Re: Alleged account number blah blah

 

Please supply me with a full statement of the above.

 

Yours faithfully,

 

blah blah

 

(don't sign it, print your name and send recorded delivery keeping a copy with your PO receipt)

 

:)

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They have my name, address and the address of a previous partner as they stated in their original contact letter,

 

but with them stating that i made payments in 2008, is that a ploy to stop it being statute barred?

They will not be able to provide any evidence because there isn't any, unless they forge some documents.

Do you think i will hear any more from them?

 

This sounds like your previous partner may have had a finance arrangment with the original creditor and at some stage you were financially linked to them. Perhaps this partner was previously chased by Mucky Hall and they made the payments.

 

The question is why they are chasing you? Unless your previous partner entered your name on some financial arrangement and signed for you, I can't see that you have anything to do with it.

 

This could be why the debt is no longer on your credit record. The previous financial association has been found by someone looking at some historic record and they have written to you, because they can't get hold of your previous partner.

 

Could this be the case?

 

Wait for the documents from the original creditor and see what the score is? If they don't supply them, ask them for the original creditors reference number, so you can make a subject access request to them.

We could do with some help from you.

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I am thinking of sending them this letter.......Thoughts anyone?

 

Dear Sir/Madam,

I am in receipt of your letter dated 6/9/2010.

Your comments are duly noted and copies of all your correspondence will be forwarded along with all my reply’s to the OFT along with a complaint regarding your harassment of myself.

Please read this carefully, I have never held any account or had dealings with Yorkshire bank, your selves or MacKenzie Hall.

 

You are contacting the wrong person; if you continue to contact me regarding this debt I will take steps via the courts to ensure you no longer harass me for a debt that is not mine.

I am well aware that the OFT are monitoring your business practices and you have been warned about issuing demands for money from people when you are not even certain that the person you are contacting is the correct person.

 

I note in your letter that you state “You appear to have made repayments as recently as May 2008, via our agents, MacKenzie Hall”

This proves that you have the wrong person, as I have never made any payments to the above named company, or as I suspect the statement you have made is a downright lie.

I suggest you do one of two things now, One is you write to me admitting that you have made a mistake, with a sincere apology for your actions and that the case is now closed or Two, you send me proof in the way of statements to back up your claims.

 

I suggest you act on option One.

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tiddles

 

Yes I think your letter should be sent by recorded delivery.

 

I think you should look into whether your previous partner has included you in some financial arrangement, that you know nothing about.

We could do with some help from you.

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Unclebulgaria,

Thanks for your reply, but i can state with 100% confidence that my girlfriend of many years ago was and still is a very wealthy woman, I'm still in touch with her on a regular basis.

She has never even heard of the word credit, come to think of it, i wish i hadn't let her go!

 

So that is definately out of the question, i can only imagine they have the wrong person and am certain after receiving my letter they will close the case.

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So that is definately out of the question, i can only imagine they have the wrong person and am certain after receiving my letter they will close the case.

 

Hope you are right but dont count your chickens, these fools would not know if they had the right person if they turned up at their office with passport in hand and said I am Me

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  • 2 weeks later...

One and the same just another desk in the down stairs lav.

I would challenge the search title utilities, don't think crapnought sell gas , electricity or water.

Connaught do the dirty work for 1st Crud.

Which CRA and under which table is it placed?

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One and the same just another desk in the down stairs lav.

I would challenge the search title utilities, don't think crapnought sell gas , electricity or water.

Connaught do the dirty work for 1st Crud.

Which CRA and under which table is it placed?

Experian, it was done today and the reason for search just says utility.

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Sounds like a report to the information commissioners office and OFT as this is totally misleading.

Write or e-mail Experian to query the entry, and a similar bemused letter to Connaught.

The whole group 1ST credit, Connaught,LCS Law & Judge & Priestley seem to be resorting to even more underhand tactics than usual.

Perhaps one of the site team should have a look at this, never seen a DCA use Utilities as a reason for a search.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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