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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 
      • 81 replies
    • 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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Quick Quid - terrible problems!!!


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Precisely what UK Law are you (mis)quoting here? Chapter and verse please..... I am aware of Data Protection but that does not cover public forums.

 

The people on this site have posted basic info (other than names and addresses) and if you are genuine about your companies aims you should be able to help, as other reps have done, notably Vodaphone.

 

Clearly you have a misunderstanding of your company's obligations to customers in helping them get through very difficult times.

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Well said Martin3030, when you look at the work the Vodaphone rep is doing it shows how a pro-active presence can quickly resolve issues.

 

In QQs case this should be

 

1. Stop phone contact when asked on any phone number you may find for the person - UK Law supports the request, in this day and age emails form a vey useful audit trail of what is asked for and what is needed.

2. Stop taking the wrong amount of money on the wrong day - UK Law exists in this respect

3. I&E Statements and bank account details are not needed to help somebody initially

4. You cannot ring an employer and ask for the amount to be deducted from their wages - this is not enshrined in UK Law, in the UK you need to take the person to court, for them to default on any payment which was agreed on and then for a further hearing where all financial paperwork from both sides is assessed, THEN an amount will be agreed to be taken from the persons wages, it cannot be more than 10% of the residual income after assessment.

5. If somebody is asking for a 6 month agreement it is because that is what they can stick to, no good trying to come back and say 'okay for £36 we can set up a plan for 2 months only..'

 

The abve is what IS enshrined in UK Law, which also states that you MUST come to an agreement with your customers BEFORE going to court, and whilst the court process is in place even more stringent rules and regulations apply.

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  • 7 months later...

As they don't have the vital info a complaint to Trading Standards about Motormile is in order, as is Mucky Hall, and also complain to East Ayrshire Trading Standards about Mucky Hall passing on a debt to an unlicenced, unregulated company.

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  • 1 month later...

Email them and let them know the problem, if you dont it could come back to bite you later on.

 

There is no point in checking to see if they are licenced to take your money - they ARE.... you have given them the card details and signed an agreement, the above post is a bit of a red herring in that.

 

QQ MAY use somebody else to take you to court, but as they are not based in the UK they would have a problem - it is also usual for PDL companies to pass to so called 'bailiff enforcement' companies who CANNOT use bailiff powers.

 

This is now a low priority debt. How much did you borrow, not counting fees, charges etc etc etc that is the amount you owe plus interest.

 

Getting another bank account is the first step to you taking control of the situation - well done for taking that step.

 

You also MUST stop worrying about what MIGHT happen and worry about what IS happening.... that way you can deal with things in a more straightforward logical manner.

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Tell them you HAVE decided to pay them x amount over x period of time and that it is the ONLY way forward as you do not want to extend something and make yourself more in debt than you need to.

 

Tell them you will complain (do it anyway) to the OFT and Trading Standards about them not accepting a reasonable offer of repayment.

 

£125 interest is very steep on £500 anyway, works out at 25% per £100 borrowed over a month at its most basic level.

 

Main them again and say if they do not offer a repayment plan you will have to put them into a debt management plan and then they will get £1 a month until things improve.

 

Stick to your point and they will eventually cave in.

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  • 2 weeks later...

Asking you to borrow from friends and relatives is against the OFT guidelines in debt collecting - so put in a complaint to the OFT and Trading Standards.

 

Stay off the phone to them, email them and keep all emails in a separate folder for evidence.

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