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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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Debt Assignment


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What we agree with, the fairness or otherwise is not the issue. This site is about learning and being able to formulate a personal debt management strategy based on what is happening in the industry. Fortunately I am not hounded or chased by DCAs because I mange my debt in a particular way. If I change my tactics then I might well be and this site helps people based on individual circumstances.

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This comes back to the defendant being able to succintly point the judge to the relevant case law. It's about being prepared and well researched. In most / many cases it's about the defendent knowing the law as it pertains to their particular circumstances better than the judge.

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The Default marker on a credit file is just a marker that you have failed to make payments according to the contract. For me the issue is that the CRA is used as a powerful tool to, these days, prevent anyone getting a mortgage BUT it can be trashed on the say so of a lender without any proof of debt required. In this respect you are right about the weight imbalance and in marked contrast to this country's fundamental principle of criminal law in that you are deemed automatically guilty of defaulting on a debt and not presumed innocent until proven otherwise.

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People who dont acually have a debt with unfair charges and fees attached should stay silent!!! The Idea Of This Site is to help and encourage people who may face overwhelming odds!

I agree with the second part of your sentence above but not the first. Lots of people have helped over the years I have been on this site and not all of them have debts - although most do - or did - because that's how they found the site. Some of us are coming out of the worst but stay here to help others just beginning. Its a self-help site and people can pick and choose according to their circumstances. Stay and play, or cut and run is the choice all members have. The site team do try and weed out the odd Troll that pops up occasionally with mis-leading and eroneous advice and from what I have seen do a darn good job too. The CRA needs serious overhaul as it is not regulated and seriously abused - I think we all agree on that.

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