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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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Link Financial & Bullying tactics


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I had a fixed sum loan, which was passed to Link Financial in Sept 2006. I haven't heard a thing from them until a couple of weeks ago. They claim nearly £7000 is owed. Original balance was around £3,500, but they've been adding interest.

 

They phoned a couple of weeks ago and stated I owed them this money.

Confused, I denied any knowledge.

 

They wouldn't tell me who they were, what they callers name was or what the balance was for,

just that they needed a payment over the phone now.

Obviously I refused.

 

They were rude and aggressive.

 

I asked to speak to a manager or supervisor, but they refused.

I asked them to put something in writing and I would respond.

They refused, stating that I owed the money, and that I had no right to refuse.

They also wouldn't give me a phone number to call them back (I had no intention of calling them, but wanted a phone number to check who they actually were!).

 

a letter arrives simply stating I owed them nearly £7000.

I wrote back with the 'prove it' letter, and did not acknowlege the debt.

They've written back with a copy of the original credit agreement,

which appears to be valid, having all the prescribed terms.

It doens't have my postcode on,

but I don't think this matters (but might be wrong?).

 

I've checked old bank statements (I love internet banking!)

and it would appear that my last payment on this was in September 2005.

I can't find any record of a payment since.

 

Am I right in thinking this would be statute barred?

 

What would my best course of action be now? I'm thinking a SAR would be best, as I don't want them to get wind that I'm planning to go down the SB route until I'm certain it's out of time. I'd like to see their records of any payments made.

 

My letter also asked that they stop calling me and only communicate by letter, and yet since their reply I've had two answerphone messages from them. They claim to be from 'Real' rather than Link, but the phone number and reference are the same. Seems very misleading to me, as well as completely disregarding my letter.

 

Finally, they haven't written to me at all in 6 years. They have definitely not sent me statement each year (as I think they have to, particularly as they're still adding interest. Happy to be corrected). If it isn't statute barred, can I have the interest removed from the time in which they haven't sent statements?

 

They are rude, aggressive and misleading and are intent on making me pay using bullying and underhand tactics. Any advice would be hugely appreciated. Thank you.

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yes and stay off that phone

 

link are VERY well renound for spoofing people

into paying debts they DO NOT OWE

 

as a double check.

 

check your cra file.

 

they have no legal powers anyway

so safe to ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Complain to http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Do it today.

Stay off the phone to them, or simply answer laugh and hang up.

 

If you wish you can send them the SB letter, it is for them to prove it isn't SB so the ball will be in their court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you. Will complain - I've never come across a ruder bunch of DCA's (and I've had contact with enough, unfortunately!).

 

If I send the SB letter, is it more likely to make them chase it if it isn't barred? Is there any way to find out if it is barred? They strike as the sort that would fudge paperwork to show a spoof payment. This made me wonder whether a SAR request would be better. That way I'd know which would be the best route.

 

Thanks again.

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check your cra file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If, after checking your CRA file, you write to tell Link that the debt is statute barred, ensure you make clear that no money will be forthcoming - the OFT guidance allows them to pursue SB debt except where they've been made aware that the debtor won't be paying.

 

I've never heard of this before. Can you give any further info on where this guidance comes from. Many thanks.

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The OFT considers it unfair to pursue for payment

od a debt that is Statute Barred once the debtor has

informed the creditor that the debt IS time barred

and that they will not be paying.

To continue to pursue after this could amount to

harassment.

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