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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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capquest and orange contract.


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My partner received a letter from capquest yesterday asking for payment of £171 for an old orange contract. It says they are going to start checking his residential and employment status.

 

After reading around I've seen that they like to threaten bankruptcy. They've given him 14 days to contact them (or else!)

 

Anybody had dealings with them before? Is it best to bite the bullet and give them a call?

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Hi, yes.. CapQuest are a bit quick off the mark with issuing statutory demands. But obviously you need to establish that they have the right person, and that your father did indeed have a contract with Orange.

 

I would not telephone them unless you can record the call. If your father did have a contract, then it might be worth a call to orange to find out what the status was prior to its being passed on to CQ.

 

Their threat to start checking residential and employment status is a bit OTT and a new one !! This simply means they will check his credit files and possibly the land registery. Sounds rather terrifying.. but your father can also check his Credit files and for free to see if there is any mention of this debt.. I personally would be doing that before making contact with anyone. If the debt isnt registered as such then it is likely statute barred anyway.

 

HTH

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I wouldn't call at all if you do you have confirmed who you are, where you live and they will start the demands for payment, I would myself wait and see what they do next, if you dont respond I suspect very little, how old is the debt? when was last payment made?

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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i can't even remember when the last payment was made.

probably about 2 and half years ago?

OH recently got a credit report from experian and there's nothing on there at all :|

unless of course this is something they've added recently.

my partner definitely had the contract, no denying that.

 

this is their exact wording:

 

LETTER OF A CLAIM UNDER THE PRACTICE DIRECTION - PRE ACTION CONDUCT.

 

"as a result of your failure to respond, we must now consider your account for legal action. your account is being passed through our pre-action validations and checks. this includes compiling data relating to your residential and employment status.

 

any claim will be issued in the name of capquest investments ltd and will be for the unpaid balance on the above account. through the litigation process we will seek judgement of a court, directing you to pay the monies outstanding. (i assume this means a CCJ?!)"

 

then a load of other rubbish. then this at the end:

 

"we will allow you 14 days to contact us... (etc) If you do nothing then our preaction checks will be completed which may result in your account being sent to our solicitors for a claim to be issued in the county court. the issue of a claim will involve expenditure on court fees and solicitors costs which we will seek to recover from you"

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I've had the same letter and in 4 years they have never took it into court, I would sit tight and see what happens a lot of DCA's send out threat-o-grams around Xmas to frighten you into paying thinking that you panic that you wont be able to afford Xmas as they will be round to get the cash from you.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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More misuse of the court system, by making

threats, that don' get carried through.

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"we will allow you 14 days to contact us... (etc) If you do nothing then our preaction checks will be completed which may result in your account being sent to our solicitors for a claim to be issued in the county court. the issue of a claim will involve expenditure on court fees and solicitors costs which we will seek to recover from you"

 

i had one of these treat-o-grams from the capquest idiots, many moons ago. i did indeed not contact them in 14 days. not herd from the fools in 3 years. maybe their PREACTION CHECKS are still ongoing:madgrin:

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I've had the same letter and in 4 years they have never took it into court, I would sit tight and see what happens a lot of DCA's send out threat-o-grams around Xmas to frighten you into paying thinking that you panic that you wont be able to afford Xmas as they will be round to get the cash from you.

 

you would think it would work the other way round.

surely nobody has any money at christmas so what makes them think they will get the last of what's leftover.

silly people.

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