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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
      • 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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Debts sold to Hillesden Securities t/a dlc


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Hi Cylid

 

Welcome to CAG :welcome:

 

With regard to the credit card, thre are likely to be charges on there which can be claimed back, with interest. This could put a big dent in the debt which your OH owes.

 

For the moment I wouldn't bother with the dca and certainly do not contact or talk to them on the phone.

 

If it were me, I would send a subject access request (SAR) to the bank. It will cost £10 and they will have 40 days to respond. The SAR will give you all the information that the bank hold on you in respect of all dealings with them. This will nclude statements, transaction history and all other paperwork etc.

 

It will be the starting point for getting this sorted out and will also enable you to formulate a claim for the refund of the charges on the credit card. There may also be a ppi claim of there was any such insurance on the card.

 

 

ims

 

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Hi there

 

If it was me I wouldn't bother the the dca but this is up to you. If you do decide to get in touch with them, make sure everything is in writing and not via the phone. If you are going to start claiming back back charges etc you need to start to keep a paper trail of events.

 

For the SAR, you only need to do one because both accounts are with the same bank. Hence you only need one fee. The SAR will contain a request that they should supply everything they hold in connection with your dealngs with them on ANY and ALL accounts that have been held with them.

 

ims

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  • 1 month later...

Hi

 

I'd just give them a quick call to make sure its ready and tell them which branch you want to collect it from (after all, they did say 13th and we are now at 15th)

 

Regards

 

ims

 

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Hi

 

Earlier in the thread you mentioned Credit Card and a Loan. Go through the papers you have received and find the transaction history and/or statments for those.

 

These will show up any charges such as late payment fees etc which have been applied to those accounts and it is those payments that you are going to claim back.

 

You have already found the loan agreement....is there any ppi on it? Similarly isthere any ppi on the credit card?

 

Regards

 

ims

 

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Hi

 

What you are looking for is on the laon account and credit card. I know there wasn't a debt on the card but you should still look for the late payment/over limit fees on that.

 

Reclaiming charges on a current account is pretty much a non starter.

 

So, can you identify any charges on the loan account or the credit card account?

 

Regards

 

ims

 

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  • 3 weeks later...

Hi

 

Just one thing....unplanned overdraft fees seem to imply a current account going over an agreed limit? Are you sure this is on a loan?

 

Might be a silly question but just want to make sure we are talking about the right thing here.

 

Regards

 

ims

 

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Hi

 

As mentioned before, if the figures you quote appear on a current account then reclaiming them is really a non-starter.

 

If there are charges that have been aded to the loan then these will be fair game. Your SAR should give you the transaction history for the loan account and it is there that you need to look.

 

As regards making a payment they won't refuse you making a lump sum. However, it is extremely unlikely that they will write off the balance and so you would have to make a payment arrangement for that.

 

Have a look at the loan statements for extra charges first though.

 

Regards

 

ims

 

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Hi

 

I don't think it wise to rely on peprwork errors. There's a thread on the subject here that might be of help in this regard....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?314597-Challenging-Reconstituted-Agreements...

 

Can you have a look through the SAR transaction history and let us know the date of the last payment on the overdraft and on the loan?

 

And continue to ignore the dca for the time being.

 

Thanks

 

ims

 

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If there was a credit card account, there should have been a transaction history in the SAR.

 

If you are absolutely sure there was a card then the bank have given an incomplete SAR in my opinion. Especially as there is evidence or mention of it amongst the papers.

 

ims

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  • 1 year later...

Hi

 

SAR should get you what you asked for.

 

If you only specified the loan account in the SAR request then that is all you will get. If you said in the SAR that you want ALL information on ALL and ANY accounts ever held then you should get everything.

 

How was your SAR worded?

 

No you don't have to give up your personal credit file to a DCA.

 

Did he actually have a credit card account with this lender?

 

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