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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
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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.

      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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Robinson Way old london Scottish finance debt


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I personally would tell them it is unenforceable because the the credit amount is wrong, for which you have proof. If you just say it is unenforceable they will just come back at you and say it isn't. You don't have to quote the case. I wouldn't worry about them. There is nothing they can do about it.

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On reflection, Pinky's way is best, at least it should avoid "yes it is" / "no it isn't" letter ping-pong. Personally, I'm not a believer in ever quoting cases at any DCA, I take the view that it's better to keep what, or how much, you know to yourself.

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another letter from R & W saying they want us to contact them re payment they are not wanting to have letters back and forth, they say they have sent the correct paper work the uneforceable agreement and statements.

They seem to be threatening, I cant scan their recent letter as my scanner is not working due to moving house.

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  • 3 weeks later...

ok, but they have sent the uneforceable agreement, statements and they say i have acknowledged the debt because I was paying them a £1 a month, should i still ignore them. The statements are originally from london scottish.

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It doesn't matter what happened before. You didn't know before you asked that they were asking you for payment on a non-existent agreement. Rob Way are the collection arm of London Scottish, which went into administration last year. It doesn't matter who was pursuing you - they shouldn't have been doing it without a lawful agreement - that is the law.

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How long before they give up though

 

You may have to wait for the alleged debt to become Stat Barred before they give up altogether, as nobody will enforce the rules DCAs do what they like :mad: Have you reported them yet? Because that will often make them go away, for a while anyway.

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I got them to give up by making complaints to their complaints departments every time they wrote that they were pursuing me for debts in dispute that had no agreements and sending copies of all these complaints to the OFT. I had a few DCAs pursuing me a couple of years ago and are all long gone. I got rid of DLC by writing really cheeky letters to their owner Robin Faccenda at his chicken HQ and bypassing DLC altogether. Cabot I just stood up to and Moorcroft practically gave up without a fight because they haven't a clue.

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  • 4 months later...

London Scottish Finance ltd (in administration)

I have received a default notice from them, going to scan it in and attach it later. i thought this lot had given up but obviously not. what should i do threatening to take us to court

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I notice in the DN it states "if you end this agreement" , "under this agreement" etc etc.What agreement! they can not produce the agreement and therefore can not enforce it and if they want to take you to court let them.

There are some really good people on here with expertise in dealing with hese people and they will advise you on what to do as and when you recieve the threat-o-grams.

 

Twoman

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