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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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The earlier comments were in consideration of the norm.

Reading Nottslads story,it does seem that they may have agreed to this in considerations of the way his account had been handled.

Had Nottslad chose to open a complaint with the FOS,potentially they would have been facing a bigger loss than the write down of of the £270 here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Well... an update - they keep messing me around, giving me different amounts and due dates - at one point £80 was agreed, at the next they want £105, then £107 by 24th June - now they want £117 by 6/6! And they are not clarifying this will be full and final settlement, just that payment would stop any further debt collection.

 

~What a nightmare!

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I suspected they might reconsider this,because it was reported on the forum and they are probably non too happy about any specific amounts agreed ,being openly discussed.

 

Nottslad can you confirm as to whether you have asked for things to be done in writing ?

 

This is only my own opinion here,but I think we should be careful about revealing specifics in the open forum since there is every possibility it will frustrate progress.

This does not prevent reporting that a settlement has been agreed which is favourable to the OP,or indeed as in this case,that an agreement was reached,but QQ have now chosen to renege on it.

I think that would be the sensible way to go.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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From day one of this fiasco I have asked for it in writing - their response has been to make payment first then they will send confirmation, which obviously I was not agreeing to.

 

At no point until today have I mentioned the forums, my latest email today has again requested confirmation in writing and referred them to what is happening on here so they can see exactly how I feel, and others too. For the principal sum of the loan they are limited as to what action can be taken anyway. I have an extensive paper trail of offering amounts within my affordability, all of which have been ignored, and as mentioned I will escalate the issue if necessary.

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Fair enough.

They will be aware that its being discussed here I am pretty sure about that.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I wouldn't necessarily say they are Martin - I'm sure you know where I work, and a bit about the nature of my role - I've never come across a CAG case when dealing with a complaint although the particulars might well be the same - so unless the consumer mentions it, the company can quite often be none-the-wiser... having said that though, I've dealt with a few complaints where customers have paraphrased my advice on the energy forum - got the results required by using certain phrases lol - but I guess then that questions why it can't be put right in the first place without the consumer having to argue that the company is wrong. Hey ho, I digress...

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There is evidence to suggest their presence here yesterday afternoon,so have undoubtedly read these latest posts.

It is when specific info is discussed (in this case £80 F&F ) that they are able to narrow things down.

Data systems etc.

There was one case of a member posting a letter from a DCA -he blocked out all personal info yet left the date and amount.

The DCs were able to identify the OP by inputting the date and figure into their systems-it flagged up the letter and so revealed the debtor.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nice to hear it.We will just have to await June 24th.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No need to wait until 24th. They've kindly informed me today they have sold the debt to gothia.

 

Despite settlement being agreed and accepted. I am so mad! My blood is boiling. Surely this is against OFT guidance? I have it in writing the settlement has been agreed

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How have you been informed ?

Could it be that the notification was issued BEFORE you raised issues ?

I think we need to be hearing back from the rep here.

Was any agreement that you had put in writing ?

If it is true,it could be a deceptive business practice.

Is what you have a notice of assignment ?

If not have you previously been sent one ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Under the Gothia group CC licence,there are various trading names;

 

Barclays Barclays Partner Finance Clydesdale Financial Services Fair & Square Firstplus Gothia Gothia Collections Gothia Legal Gothia Recoveries Mercers Mygothia.Com Pinpoint Services Red Red Castle Red Castle Recoveries Resolution Legal Services

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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BCW appear on their Website.Reg office 24, George Square, GLASGOW, G2 1EG, United Kingdom

They have a number of offices at various locations in the UK

But the Gothia registered office is listed as;

Ridgeworth House, 5, Liverpool Gardens, Worthing, West Sussex, BN11 1RS

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can you confirm that you regarded the account as being in dispute-and that they were fully aware of that ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks.

I am sending you message.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok thank you for confirming that an agreement by email was made.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nottslad,can you also confirm as to whether the outstanding amount included any default/late payment/charges ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin, thanks for all your replies on this.

 

The amount outstanding doesn't include any late fees or charges - they were never applied.

 

I never disputed the debt, just pointed out to them all the time what I could afford to pay, backed this up with statements of income and expenditure etc...

 

Would the Ombudsman be interested in this case? Are they part of the Ombudsman scheme? Been a while since I worked in finance! It's been more than 56 days since I first contacted them with a complaint, so I know that stage has passed and I could escalate if the Ombudsman regulate them

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Yes they hold a Consumer Credit Licence.

The regulator for the OFT is the FOS.

In any event,the fact that you have not had a definitive final response in writing,by their actions,you have no reason now to be confident that it will be resolved satisfactorily,in view of what has happened.

I am not so sure that by them breaking their word on the agreement,that this is within itself enough for the FOS to rule on.

It is the way that you have been dealt with,that IS something.

The issues surrounding them offering settlement then reneging,will I am sure be covered under something-it was an unfair business practice-certainly deceptive.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I am wondering also if the Rep which was dealing here,is aware of what has happened.

 

Looking at post 16,it appears that the representitive,was under the impression that things have been sorted.

I would send a pm as advised and point her here.

We do know from experience that it is possible that communications between big organisations is not what they should be.

Having looked at things here more closely,My view is that you should deal directly with the rep here.

I will also send an email to ask if they can come back.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Sorry the OFT is the regulator for Consumer Credit-the FOS is the Ombudsman.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No criticism but just my addled old brain worked for once:lol:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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