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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 
        • 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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Can I CCA after receiving CCJ Claim Form?


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Ok Brig point taken:wink:

 

My only involvement with Med is when im losing:lol:

We could do with some help from you.

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I phoned Link on friday to make the offer. They said it had to be run past management 1st. They asked for a phone number to call me back and I said put it in writing. Got letter through this morning accepting the £1100 in full and final settlement to be paid within 1 month. Good result overall as I get to keep my good credit record (last 5 years) and I won't have any stress of potential surprises in court (ie credit agreement) and having to pay a total of over £3700. Thanks for all your advice on the forum. it has definitely helped me to get into the negotiating position I have been able to benefit from

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Well done Skint

 

Make sure there are no loose ends ie Court Discontinuance, credit file.

 

Regards

 

Andy

We could do with some help from you.

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And that any remaining balance will not be sold or assigned to

any third party.

  • Confused 1

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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letter has all account details, reference numbers and the current balance. it states "Further to our conversation I write to confirm that we will accept £1100 in full and final settlement of this account. Payment should be made to Sort Code ...blah....blah...Payment should reach our office within one month from the date of this letter."

The only thing not mentioned on the letter is the County Court claim number

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When you pay you need to state the payment is made

on condition that all adverse reports are removed from CRA files,

and that no remaining balance will be sold or assigned to any third party.

 

Other wise it may come back to bite you later.

 

Brig.

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There are no details on CRA files at the moment. There were details left by HBOS but these expired (over 6 years old) last year. Should I ask Link to send me another letter stating those points before I make payment?

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I would just send the payment by post recorded delivery

with the letter attached, as you don't want to delay payment

and risk them backing down on the offer, as long as you

keep a copy of the letter and track delivery, I reckon

the'll be so keen to bank the cash they will agree to anything.

 

Brig.

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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