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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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Log Book Loans - nightmare,. now got my car


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  • 1 month later...

Hi

has anyone had a similar experience- yesterday i received postally a returned log book from the DVLA asking why id sent it to them as it hadn't been completed properly

when i looked at the log book / letter the date of issue to the DVLA is within the 14 day period from recovery of vehicle to earliest date they could sell - the ate on the log book coincides with the date of notice of injunction co incidentally

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  • 2 months later...
Hi

has anyone had a similar experience- yesterday i received postally a returned log book from the DVLA asking why id sent it to them as it hadn't been completed properly

when i looked at the log book / letter the date of issue to the DVLA is within the 14 day period from recovery of vehicle to earliest date they could sell - the ate on the log book coincides with the date of notice of injunction co incidentally

Hi i too have had a terrible time with LBL, they came to take my car on Friday loaded it on the lorry then knocked my door to say they had my car (i was lucky to be in) showed me a piece of paper to say they wanted full payment of my loan plus costs. It went from 800 pounds to 1606 pound in 10mins, i was lucky to have rang my sis and she agreed to pay by debit card the full amount but the guy who had my car on the lorry got in his lorry and drove off without taking payment until i had to run after him on the road , he stopped and came back to take payment and leave my car back. I got no notice this was going to happen calls or letters also he gave me nothing back after payment made. PLEASE PLEASE Anyone even thinking about taking out a LBL AVOID !!! i will let you know what happens next...

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They cant take it like that without a court order. You got conned and you should have rang the police.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I can't believe this is still happening. I had dealings with LBL back in 2009 (there's a thread on here somewhere), I bought a TT that one of the previous owners had secured a LBL on. Luckily they were unable to recover it as it was not where they thought it would be, but they demanded £12000 from me.

 

To cut a long story short I told them I was in the process of stripping the car and selling it for parts on ebay. I took pictures with the wheels, interior and bumpers off (2 hour job) and sent it to them. I offered to pay £500 for them to release their interest in the car, after a couple of days they agreed to this.

 

Still makes me feel sick that this company got £500 out of me when the initial loan would have only been a couple of hundred quid!!!

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They cant take it like that without a court order. You got conned and you should have rang the police.

Hi i've been told what they did was legal but what wasnt legal was the bill of sale as i never signed it, all i signed was the agreement never even knew anything about BOS. The agent called to my house when i took the loan out and gave me an envelope with an unsigned agreement and BOS unsigned. I just don't know where i stand or who can look into this. The reason i missed 3 payments because i was ill with plurisy at sisters in the England. I live in Northern Ireland also the mess with the Ulster bank before i left did'nt help matters but they did'nt want to know when i tried to explain to them.

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It isnt legal though. If youve paid a substantial amount of the loan off, then they need you to sign a voluntary agreement, or they need a court order to take it. They are not allowed to simply turn up, load it up, then tell you tough luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It isnt legal though. If youve paid a substantial amount of the loan off, then they need you to sign a voluntary agreement, or they need a court order to take it. They are not allowed to simply turn up, load it up, then tell you tough luck.

 

A court order is NOT needed on a logbook loan/bill of sale. At all. The only thing that needs to happen is the service and the expiry of a default notice. Hope that's clear :)

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  • 9 months later...

Thats right, court order not needed, as soon as they terminate the agreement due to a breech in the T&Cs then they could send a chimp to take the car.

 

On another point to the guy who did not sign a Bill of Sale, your quids in,

the loan cannot be enforced by possession of the car.

 

For the BOS to enforceable they need to have had it signed by you, witnessed by the person who saw you sign it and then witnessed again by a solicitor,

it then needs to be registered at the high court withing 7 days.

 

There also needs to be a HPI finance registration, dont count on the cheapo alternatives always check with HPI

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