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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
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    • 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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Logbook loans have lost their final appeal they are officiallly gone


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No it is not legal nor right, Unfair Terms and Conditions in Contracts for a start, and very much against the OFT Guidelines in Debt Collecting - so report each company to the OFT and Trading Standards, if everyone on this thread who had an LBL (I never had one but have been helping on the advice side) did it they would have to act, also go to the Credit Services Association, FOS, FSA and the Information Commissioners Office.

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Hi Sillygirl,

 

I agree. Everyone just seems to talk about it on here how many make calls.

 

I didn't have a LBL but they still took my car.

 

Have you read my message about RITA 2000 did your bailiffs have authority under RITA if not they had no legal right of entry nor the right to put your property under surveillance to locate the car

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I replyed to templer stating I would call the police if they attend my house .Then at 11.30 pm they emailed to say its on hold till my complaint is reveiwed .I did not complained. I told them i knew they had been working with log book loans in the past.That cc collects did not have a credit licence.

From Micheal Browns thread

The OFT told Money Box that a firm which carries on business under a name not specified in the licence is committing an offence.

All my emails have been forwarded to OFT Trading Standards and a few others plus my local MP.

they can get away with 1800s laws .

(then maybe they should use the old hanging law on them .)

 

 

 

 

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I would phone the police and report it stolen, especially as they have no licence, no court order and no authority to take the vehicle.

 

Then get onto your insurance company and tell them what has happened.

 

Then get onto the OFT/Trading Standards, local MP

 

How much have you repaid on the original loan? Did it include insurances and deposits.

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Insurances and deposits????

 

I am reporting it stolen to the police and going to let my insurance know!

 

I will also let the oft know as well.

 

Any advice I would be very greatful.

 

They used a company called anglia to remove my car, they didn't know on the door as the had a key. Just started it up and drive it away

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That tells it all - had they knocked you would have been able to inform them they had no rights, so they took the 'law' into their own hands.

 

By reporting it to your insurance company as stolen they would run into problems selling it quickly, and they would not be able to sell it with outstanding finance on it unless it was 'via the back door'.

 

Double whammy to them.

 

Can you also prove that the vehicle was mostly used to transport you to-from your normal place of work, if so it can be classed as a 'work vehicle' and again gives them no right to take it.

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You can also go to the nearest court and lodge an application against them, asking them to appear to explain why they took what was clearly a works vehicle, thereby depriving you of vital income and putting you into real and actual hardship.

 

Lay it on thick, after all they are completely up the wall at the moment and are trying to redeem themselves.

 

Phone the OFT and report this to them, tell them that you need it added to the Logbook Loans file and the file of the company who took your vehicle.

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I would like to add that I personally do not drive nor own a vehicle but am giving advice here as I have a bit of a 'legal' head at times (all info gleaned from this site) and have had no personal dealings with Logbook Loans.

 

I do know others who have had, and who have quickly managed to get out of their clutches due to advice from this site.

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You have to read through some of the threads here - I do not do the 'chapter and verse' legal side, I give general advice.

 

If you want 'case law' on Logbook Loans you should really post a new thread on it. Far more knowledgable people will come onboard then. I would post it in the Legal section of this forum.

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I have posted the OFT email about the attestation issue and LBL won that so that point cant be used.

I have not come across one case that the BOS has been void. Not one.

 

Unfortunately some of the posts on here are not correct with ref the BOS unfortunately.

 

Please point me in the right direction here

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I have posted the OFT email about the attestation issue and LBL won that so that point cant be used.

I have not come across one case that the BOS has been void. Not one.

 

Unfortunately some of the posts on here are not correct with ref the BOS unfortunately.

 

Please point me in the right direction here

 

I don't know the full facts but when intake into account that my car was removed this morning under the name of cc collections and not logbook loans I'd say that they lost

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I have a lot of knowledge on this subject I have just taken them on myself and was one of the witnesses for the OFT.

 

There is no case ref that have removed the BOS that I have seen.

Even the OFT lost that against them. I have read the case ref they used in the appeal and all the judgments that came from the Appeal.

 

The OFT are asking for people to take on their own challenge to see if there is success on the subject.

 

Please read the post from the OFT a direct response to my question.

 

Is the BOS void on the attestation issue answer No. That was the outcome of the Upper Tribunal judgment over riding the First Tier Judgment.

It is all on this thread

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I would not go down that route myself... there are other options to take.

 

I would also start a separate thread on this so more people would join in. You could title it Logbook Loans take vehicle after official closure of co....

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