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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 \ Harwich Farrelly issue cap1 debt


adenjago
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They are only obliged to pass on a CCA1974 request. The SAR would normally go to the original creditor. Unless of course the DCA has had control of the account for a few years when you might want to send a separate one to them as well.

 

I assume if I send a SAR (£10) to each Robinson Wau and Capital one.....then only one can cash the £10 ?? and it can't used as payment of the alleged debt ?

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If you make it quite clear in your SAR letters that the monies enclosed is the legally required fee for the SAR and that it should not be used for any other purpose then if it DOES turn up on the account then it is simply an unsolicited gift from the company.

 

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  • 1 month later...

Hi all

 

I have Finally received my SAR....which is quite a lot of information to get my head around and obvously lots a Acrynom's every where but Im trying.......I have a few initial queries during my first glance through them....

 

  • One part says "last paid" £6.00 "on 12/06/09" - but there is no mention of this payment on date in the sent statement containd within the SAR...which seems fishy to me
  • A few Entries say 20/09/10 "SYSTEM - Customer Contacted will not Pay" - can I quiery this as I have never been contacted and refused to pay
  • 04/10/09 "Letter with Assignemnt Note" - I have never recieved this
  • 02/10/09 CGCARLENEL - CALL TRIGGER - CST PAID DEFAULT CAIS OFF/ARREARS TO CAI" - can anyone explain what that means ?
  • 08/09/09 CMLAURAR - SETTLEMENT DECLINED - as above never received a settlement
  • 23/04/08 APRIL08 CAMPAIGN SETTLEMENT FIGURE £441.05 - Never been received
  • 19/09/07 - PAYMENT DEFAULT
  • 19/09/07 INSTALLMENT DEFAULT - ARRANGEMENT DISSOLVED

 

there is also an entry saying "

11/08/07 LAST PAY INFO - 25 - 01/06/07" - this should be my last acknowledgement date ??

 

my last payment was a Standing order 01/06/06 which would make this debt Statur barred this year yes ?? ...but randomly there is 3 entries .....

 

01/06/07 - standing order £25

03/07/07 - standing order £55

02/08/07 - standing order £55

 

I don't see how or why I would suddenly just send three stadning orders then stop ?? we did change banks about that time to what is know Santander from RBS and wondering if there was a mix.......what would be the chance of tracking this

 

now there is also some email trails.....but the covering letter states "You will notice that parts of the information have been blacked out. This is because I cannot supply you with third party data"

 

now thankfully some of the blacked out bits can be made out, the parts that Interest me are below

and don't seem to be related to a third party at all

 

"customer is requesting a copy of the complaints procedure and stating that the debt is statur barred"

 

"advised that she was not are of the procedure and advised that she no longer had the mail. I have reviewed the Account and the man has never been sent [*something*] legal nor has the debtor been sent a copy of [*something*]

 

I can upload the doc if any one wants to try work out what else is blacked out, but to me it seems they are may or may not be hiding something which could be of benefit to me

Edited by adenjago
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