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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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mbna/optima legal


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can anyone advise me how to deal with optima legal. They have taken me to court and as I missed the date of the hearing they have passed a decree. also an inhibition against the sale of my house. they have also sent for my wages to be arrested. i have been looking through my paperwork and i asked for mbna to send me a copy of my agreement. they sent it but the terms and conditions did not correspond to the front cover of the agreement. i stated to optima that i was awaiting my agreement and they said they would put everything on hold whilst mbna got back to me. in between this letter they had applied for court proceedings and that is when the decree and inhibition was passed. is there any template letters i can send them. i am in desperate worry about this as its my mothers house who is a pensioner. thanks

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Hi

 

if it your mothers house then there is no way that a charge can be put on it.

 

Optima Legal are slippery customers to say the least.

 

I am having dealings with them myself.

 

In fact I sent them a recorded letter and they appear to have refused to accept it just so they can get my defense struck out of Court.

Why did you miss the hearing??

if you was unwell you should appeal the Judgement and get another hearing.

But don't worry as I have already said they can't put a charge on it without her consent.

 

You can ask the court to make a payment order to the amount you can afford and Optima have to accept it.

Optima don't appear to be accurate with the information they give and I would register a complaint with the law society if I was you.

 

Also MBNA always appear carefree about dealing with complaints and really do drag there heals.

Complain to MBNA and threaten to go to the press as your terms and conditions don't match

and I don't see how the debt was enforced without the original agreement or a cobon copy

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hi thanks for this. its just such a worry. threatening to take wages and putting the inhibition on the house. So the first thing to do would be to contact Optima Legal? and then mbna? is there any template letters i can use to send off?

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To be honest I don't trust neither MBNA or Optima Legal to carry out what they agree to.

 

if I was you I would get in touch with the Court and tell them that you can only pay X amount a month and then the Judge should make an order for that amount and thats all you have to pay.

 

As I have experienced first hand MBNA are not good at keeping to there word and Optima Legal are [EDIT]

 

even if you write to them they will use some slippery way to bang more money onto you.

 

Write a polite letter to the Court with an monthly offer and let the Court write to the others.

 

If you think you have been [EDIT]or mislead by Optima Legal send a complaint to SRA

 

It is about time these types of firm were quashed and if enough of us complain then the sra have to act and with a bit of luck we'll get them shut down.

 

back to your situation, don't panic if you do decide to speak to MBNA or Optima,

 

just confirm a payment plan and make sure you write to the Court in your own words telling them what has been agreed including names.

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i do feel mislead by them because they said they were awaiting the agreement from mbna. they sent the letter on the 28 march and they had already sent court proceddings dated 28 march. i will email them and see what they say. thanks again

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  • 3 weeks later...

This is sounding confusing to say the least.

 

Did you receive :

 

Default notice,

Letter before action

Court claim document from Northampton county court.

Did you acknowledge anything from the courts

 

I would ask the courts to set aside the ruling because of the fact that you do not own this house and no charging order can be applied .. I'm sure others will help you

---------------

 

1st Donation made on the 8/3/11

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