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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 
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    • 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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Consumer Credit agreements part 3


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I don't know if this is a glimmer of hope or another establishment stalling tactic - but the attached is from Vince Cable's department - and he might just be the one member of the CONDEM cartel that I think might be on the Consumer's side.

 

“ We want to strengthen our evidence base on the impacts of recent voluntary, market driven initiatives around personal current accounts and on any continuing consumer detriment in this area, BIS issued a call for evidence on 15 October which can be accessed via the BIS website at:

http://bis.gov.uk/policies/consumer-issues/consumer-credit-and-debt/managing-borrowing"

 

Now it is your turn to let the BIS know that you are not happy. Tell them that we need a new law, tell them we need it today, and tell them why! What is more make sure you pass the link on to all your friends and family.

 

I had posted this yesterday on another thread but this is also most relevant to the discussions currently on this thread as it seems the Creditors are desperately trying to remove the protection we still have under the various CCA's. There is more info on this on the linked thread. We all need to respond to this ASAP to put OUR side of the argument!

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?248268-Sheriff-puts-Bank-of-Scotland-to-proof-on-bank-charges&p=3194335&viewfull=1#post3194335

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I agree totally with DD (usually do!) - AND you should also keep ALL the envelopes - and write date of arrival on back of each envelope - so you can establish a pattern of how long it usually is between the date on their letter and you actually getting it.

 

BD

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  • 2 weeks later...

It's easy to use Adobe "rotate view" to rotate the document clockwise (twice) to get it right way up - no need to rescan on this account.

 

However you have still left the exact balance in the body which might idfentify you to Cabot.

 

Cabot's letter is pure bluff. They are saying they are "entitled" to enforce (and define enforce). They are right in they are ENTITLED to go to court - but what they DON'T say is that LEGALLY they CAN'T actually get a court to rule you MUST pay up just with a reconstituted copy - they MUST have the original. However beware of the Judge lottery as some judges don't actually understand the Carey judgement properly - and get misled by devious lawyers.

 

They must have taken a long time to put this work of fiction together because it's very well worded - intended to deceive you but without actually lying outright.

 

Personally I would now reply using P1's excellent CPUTR 2008 letter - which I believe removes the capability of them continuing to bluff. They either have an original, including your signature - and my reading of CPUTR 2008 is that they must give you such a copy on demand - or they haven't - and they must then say so and stop bluffing.

 

You might also want to bone up on the full Carey judgement (you can get it from Google easily) and quote the relevant bitys about enforcement and providing a full trail of all original copies each time the T&C's were changed - but this shouldn't be necessary if they understand what CPUTR 2008 does to them.

 

Anyway it's nice to see someone force them to spend so much time creating such a clever pack of lies!

 

Good luck!

 

BD

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Thank you very much for the comments -

 

Ok here's a proper copy right way round and without the balance !

 

Where can I find a copy of the letter CPUTR 2008 letter - bearing in mind what I got from Citi there seems to be a lack of proper documents around ?

 

Look at this post and others earlier on from PriorityOne on the same thread - might be just what you need to do now?

 

good luck!

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?173201-why-you-shouldnt-use-section-77-78-CCA-1974-if-you-want-the-signed-agreement&p=3209722&viewfull=1#post3209722

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  • 3 months later...

Magda

 

There is a spreadsheet on the site you can use, but it can get complicated if the OC kept changing its contractual interest rates.

 

You can charge interest on each individual unfair default charge from the day they impose it right up until it gets refunded at THEIR Interest rates. In addition if they don't settle out of court then the court will award a further 8% statutory interest on the amount claimed.

 

Hope this helps?

 

BD

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Magda

 

OK - let me know if you want any help. I've done quite a few such spreadsheets - and it's amazing how quickly the amount of refund rises at their rates compounded monthly! They should give you all the statements for at least teh last 6 years.

 

Incidentally don't believe any guff about only being entitled to recaim anything over £12 - or that the 6 year limit applies. You can reclaim ALL unfair charges IN FULL right back to the very first one issued (typically around mid 2000). There are a number of threads dealing with both points and sample letters too if needed.

 

BD

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