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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
      • 160 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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Monument Credit Card Application Form


Napoleonj
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I've sent a CCA request letter to Monument and got the usual application form back as a response, so wrote and told them the account was now in dispute. Attached is their response and I'd be grateful to know what the next move should be. They hiked the interest rate up to 2.402 % a month and closed my account last year, so I'm tired of paying them all that interest on a balance of less than £900. Strikes me that they're nothing better than a bunch of bloodsuckers.

 

Any advice would be most welcome.

monument2.pdf

Full page photo print.pdf

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You haven't said why you requested a copy of the agreement.

 

If you requested it under s77/78 then what they say is correct, they don't need to supply anything with your signature on it.

 

When you say - usual application form - well just because it says Application Form at the top doesn't mean that it's not enforceable

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Nope the courts have accepted application forms as executed agreement as long as the form complied with the cca 1974 in that all prescribed terms etc are contained in the document. There are many people on here that have had an original creditor back down on this issue as the application form supplied did not contain some or all of the prescribed terms.

 

dpick

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If you can post up a copy of the application form we can then soon tell you if it is infact enforceable or not. Make sure you remove personal details or blacken then out so no one can indentify you from it.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

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  • 1 month later...

I had a Monument card, previously Providian/Barclays, which I paid regularly each month. However in September 2009, they cancelled my card for no apparent reason, but still expected me to continue paying their exorbitant interest rates. This I did until the end of last year when I CCA'd them. All I recived was the usual reply card which I explained to them was not an application form etc.

 

I have now received a default notice, but surely this is irrelevant as my account had been too all intents and purposes been cancelled by them previously? Should I just continue to ignore them and their regular 'phone calls, or is there something more I should do please?

 

 

ne

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