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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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Vodafone Problem please help!! ***awaiting update from OP***


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Hello,

I'm at my wits end and not sure who to turn to.

 

I have a Vodafone mobile contract that is in arrears to the tune of £176.92.

 

I have been in constant contact with a member of Vodafone's customer care team through emails but I cannot get them to see the position I'm in financially.

 

I have offered to pay £124.79 which I believe is the outstanding amount.

 

I was sent a letter dated 15/01/12 saying Outstanding balance £69.36 and termination fee £55.43.

 

i phoned up and asked if a bill could be sent out for the balance and term., fee

and I pointed out then I wanted to terminate the contract as the phone hadn't been used for several months

and I wished to take them up on the letter they had sent me,

 

this was agreed and I waited for the bill to arrive, only it never did.

 

I then get a bill in April for £176.92.

 

I spoke to Vodafone's customer service for 23 mins explaining my situation

only for them to give me the runaround and be totally unhelpful.

 

After several emails back and forth I have told them I regard the account in dispute!!

 

Their next move was to have FPC send me threatening letters and try phoning me.

 

I have explained twice to Vodafone that I suffer with high blood pressure and fibromyalgia and yet they ignore everything I say.

 

FPC now say I owe £203.46 and it could go upto £268.46 with solictor fees and court proceedings.

 

I know I'm in debt but I struggle to understand why this company like others is quite happy to take our money

and when a disagreement arises treat us with contempt and try to belittle me in front of my family!!

 

Only if Vodaphone take you to court and either you don't defend or they win

 

However Vodaphone won't take you to court because they won't win.

 

Unfortunately if you are not careful, you will get a default registered on your credit file (it might already have been done since this is Vodaphone's favourite method of debt collection)

 

I wouldn't pay them anything until they agree to remove any adverse entries from your credit file, otherwise it might be better for you to take them to court ... Their termination charges won't be enforceable and neither will the other charges that they are trying to apply.

 

In any case, the default would be for an incorrect amount, so you might be able to take action against them for that alone

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Lee.

 

Maybe you can tell us why your company's customer service is so terrible. And why it takes someone to complain in a public forum before you will take a complaint seriously?

 

Good questions.

 

Also why are you so quick to register defaults that your company knows have an affect way out of proportion for the amount involved

 

Judges have a dim view of the use of statutory demands as a method of debt collection - perhaps they can be persuaded to have a similar view of organisations using credit files as a means of debt collection

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Whilst I can understand how things appear I can assure you that recording a default isn't a course of action taken lightly by us. However, it does become necessary when our records indicate that a customer hasn't been in contact with us to discuss the arrears on their account for a significant amount of time.

 

There have of course been a few instances where situations haven't been handled as we would've liked; however, these can be rectified where we have records to show that the customer made proactive attempts to resolve matters with us.

 

 

Are you sure about that?

 

I suspect that you really need to have made sure that the customer knows all about this first, probably even if they have moved house

 

I think that you should also be ensuring that any amount is legally enforceable and not present because of unfair contractual provisions

 

I am sure that I must have mid-understood your tone of typing, because that really does look to me as though you use the registering of defaults as a method of debt collection or tracing customers ...

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