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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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Link / Thesis Student Loan Question


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Hi,

 

I have a question which I am sure has been asked a thousand times but just need to get a bit of clarification on for my own peace of mind.

 

I took a student loan in 1996 which I deferred until 2004 as I was well below the threshold, then we moved house a couple of times and I forgot to carry on doing it as i had other things on my mind.

 

I then received a letter in July 2009 saying that Thesis had taken it over. assuming that this was a DCA i sent them the standard CCA letter then when I got no response within the 31 days, I sent them the follow up letter.

 

About a week later, I got a letter from them saying that they weren't a DCA but they had taken over management of the Studet Loans and I should just continue to carry on maintaing the account as I was.

 

I hadn't paid anything so I did as I was told and just carried on.

 

I got a phone call from Link in Caerphilly (who it transpires are Thesis in another guise) saying that I had defaulted on my agreement with them and unlessIpaid it all back instantly they were going to take legal action. They also asked if I was a homeowner or tennant which I refused to answer. In fact there were several questions which I refused to answer as I didnt want to give them any ammunition.

 

I explained that I did not have the money (just over 3k) and that I wouldn't be able to raise it so if they wanted it then they would have to arrange a payment plan which was refused.

 

As I have not acknowledged this debt in writing since 2004 when I last deferred, or paid anything, am I right in thinking that I can claim this as Statute Barred (as I have seen in a previous thread).

 

I spoke to a lady at Thesis who confirmed that no agreement had been put in place and as such I could not have defaulted on it. I was thinking that I might be nice and phone them and offer to set up a payment plan of about £150 a month, but to be honest they were so rude and intimidating that I am losing inclination to do that. Also, if I do that will I then be acknowledging the debt or does it have to be in writing to be a formal acknowledgement.

 

Many thanks in advance for any help!!

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If there is a clear six year period where no written contact, deferral or payment was made (five in Scotland) then it would be Statute Barred. Once a debt becomes Statute Barred nothing can unbar it.

 

I assume you mean no written contact from me? I was receiving statements every year but made no acknowledgements. If so I will send the letter.

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Awesome, just wanted to clear that up.

 

I have now sent the Statute Barred letter, hopefully these "people" will now get the hint and leave me in peace.

 

I spotted a thread similar to mine in which someone on here has used this a few times and it has been successful in dealing with them. Most reassuring!!

 

Thanks for all the help folks!!

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