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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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      • 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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Can I stop paying?


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Hi, first post here so hopefully in the right thread. I have a debt of approximately £7,000 for an MBNA loan that dates back to 1998. I defaulted on the loan in 2001 and my debt was passed first to a recovery agent called DLC and is now with Ruthbridge. Due to my low income, I have been making regular but nominal payments since then - currently £30 a month. On checking my credit file with all the major reference agencies recently, I noticed that my debt was nowhere to be seen and my credit rating is now good. The questions I have are: What has happened to my debt?Can I stop paying Ruthbridge?If I do, will the debt suddenly reappear on my credit rating?I have had no communication from Ruthbridge for a couple of years and I am scared to contact them partly because the last time that I spoke to them they were so rude and aggressive.Any advice would be greatly appreciated, thank you.

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There is nothing on any of the reports relating to MBNA or Ruthbridge. I don't know whether the debt has been assigned to Ruthbridge, I just know they were the ones collecting the debt for MBNA.

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There is nothing on any of the reports relating to MBNA or Ruthbridge. I don't know whether the debt has been assigned to Ruthbridge, I just know they were the ones collecting the debt for MBNA.

 

The difference is that either MBNA own the dent and they are they only ones who can take legal action (and the ones who should be mentioned on any CRA) or they may have sold it 'assigned' to Ruthbridge (at a knock down price), who can then take legal action, etc.

 

Andy

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I would send a SAR to MBNA and ask for full statements, then take off any interest they have been adding, check to see if any PPI was on this loan and put in for a rebate.

 

Until you have the full payment history you can't do much.

 

Of course if MBNA say Ruthbridge own the debt then SAR Ruthbridge.

 

Just on a basic calculation of £30 a month over 12 years that would be £4320 repaid.... without adding any interest!

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Hi Annie

 

What was the balance at the time of default in 2001? How are you making your payments now?

 

Andy

We could do with some help from you.

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Just on a basic calculation of £30 a month over 12 years that would be £4320 repaid.... without adding any interest!

 

Don't forget the monthly payments made between 1998 and 2001 prior to the loan entering default.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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I think that they can default again, as many times as you miss a payment and do not make it up. I've asked the site team for clarification on this.

 

If they went for a CCJ at this stage they would have a lot of paperwork and cost for very little, I do not think they would go down that route as then a counter claim for all the charges, excessive interest etc etc etc could mean the defendant gets a 'nice little earner' from the judge.

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They can default as many times as they wish providing the breach has been rectified.If the account is defaulted and then terminated then no further defaults can be issued.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I have had no communication from Ruthbridge for a couple of years

 

Not entitled to interest or enforcement under the CCA1974 as amended by CCA2006 if they haven't been issuing the relevant notices.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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I always thought that there were three steps. Default notice, which could be rectified by doing what it said, then an actual default which went on your credit file as a once only event then finally a termination of contract. I am wondering if a default notice is getting mixed up with an actual default?

 

1. Notice of Default

 

2. Default Notice/ Notice to Terminate

We could do with some help from you.

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Ok thanks for that Andy. Getting mixed up again. But surely once it has been registered as a default it can't be registered again. And do they have to serve a separate termination notice on you?

 

The default remains for 6 years on your file anyway why would it be registered again? A termination Notice can be part of the Default Notice not many actually issue separate TN,s usually litigation seals it finality.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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The CRAs dont send any conformation it is contained within the Default Notice that they will register the default with the CRA,s

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Can we get this thread back on track now and wait for Annie to respond?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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