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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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speed credit


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For bailiffs to even be considered, they would need to take you to court, win a judgement, you would have to default on the judges instructions or a time order request if you made one, the debt would then go back to court, you would have to explain to a judge why you havent paid, the judge would then decide whether to give you more time to pay or instruct further procedures. Only after all that ( and a few other things have happened) would the possibility of bailiffs even be considered. This is a lengthy process.

 

In short, theyre talking complete bull****

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Terms and conditions do not override your legal and consumer rights. No matter what the idiots at the PDL say.

 

I also love how they think all those charges are enforceable. Especially the £350 NDR fee which is explicitly stated in OFT guidance as being an unfair charge. As for them saying the min they can accept is £40 a month, the law says otherwise. Repayments are to be made according to your financial situation. It's why we have consumer law, OFt guidance etc etc.

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The £350 is there purely as a money maker. Remember, these sc@m artists deal with tens of thousands of people asking for loans. The vast majority of them never question the amount as they don't know any better,

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They are meant to be completely separate companies and have no connection between them ( their words).

 

Appleton Massey are well known to CAG. They are pretty much exactly like Bryan Carter. Solicitors for rent and go for as much money as possible.

 

Maybe its time to update the OFT/trading standards, even the solicitors regulatory authority on what is going on here. Especially now Appleton Massey are issuing empty and false threats.

 

Remember, the OFT states that only one company should be chasing a debtor at a time. You currently have Toothfairy, speedcredit, NDR, Appleton massey, and possibly Marshall Hoares.

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Well, they are under investigation atm, and they are breaking so many rules, CCCS even stopped authorising payments to them.

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Appleton MAssey just run off whenever they get a hint of a debtor knowing their rights. As i said before, they are just another company like Bryan Carter and Co. Solicitors for rent to the highest bidder.

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Another letter that breaks oft guidelines. Its funny how they can "sell" a debt to themselves.

 

They also are NOT bailiffs.

 

Send them the account in dispute letter. Theyve bought the debt even though it was under dispute.

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Theres no real point quoting the rules to them. They know the rules but ignore them. Plenty of people have written to them quoting the guidance, but NDR and speedcredit simply send standard replies back.

 

That letter you got in your last post though really needs to go to the regulators and trading standards.

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\Well, they have 28 days to either contest the debts or sell them on. After that, they cant collect as they dont have a license.

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No chance of that. All DCA's and debt buying companies act the same way. Mainly because they know theres a massive profit in it for them.

 

Remember, only a very very small percentage of debtors know their rights, the rest think the DCA's etc are acting legally and pay them whatever amount they owe. THis is why they now have standard form letters that threaten, bully and harass, as so many people fall for it, the industry has gotten used to it.

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Ok. You had a discount, so that means theres something seriously wrong with the debt. Do not make any payments at all until you sort it out.

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Pretty much yes. They are doing it purely as an effort to make themselves appear to be the good guys.

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Keep all that communication. If you do go to court you can show all the threats and the fact they are ignoring you. Plus the fact that a completely different company who you havent dealt with is trying to collect as well, even though the company lost its license and isnt meant to be linked to tf in any way.

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Wait. If they are contacting you from that address, you MUST report them.

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They take the stance that if they ignore it, then it hasnt happened, or that they can say they never recieved it. It's why we state over and over, that recorded delivery letter, or email cc'd to yourself, and pref one other email address is the best method to get around their antics.

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..

 

 

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FIle it with the OFT and trading standards and treat it as if you never received it. They are trying to play ignorant, and hope you give in to their demands.

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..

 

 

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Oh dear. Multiple breaches of guidance and regulation plus unlawful demands and threats. Time to get that letter to the oft and trading standards then file it away ready for any court action.

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..

 

 

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It wasnt a bailiff. It was a doorstep collector who has no legal rights. If they sent a bailiff round without a court order or you even going to court first, then bye bye credit licence.

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Get reporting. Its their normal threat letter. You know what to do if anyone comes calling.

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..

 

 

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They only have a week or so of their appeal time left. Fingers crossed the oft have the balls to tell them tough luck.

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Nice to see theyre still misrepresenting themselves as bailiffs.

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Thats because theyre the same company.

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Standard threat o gram that breaks oft guidance. Get it reported.

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Same old crap they throw out. Get it to the FOS and OFT.

 

Tell MH that they have bought a debt that was in serious dispute and they should hand it back. Also, contact their local trading standards office and advise them of what MH have done and are doing.

Edited by renegadeimp

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Thats why they are under investigation by trading standards and the OFT. They are all run by the same people, have the same details, but use different licences to try and get around certain laws.

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..

 

 

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