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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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Default advice needed please - Nationwide


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Hi, Looking for some advice. A few years ago I was with Nationwide and I was defaulted with £325 bank charges. My records have shown that Nationwide put this on my account on August 2008. I didn’t recall getting a notice so I wrote to them requesting copies of all correspondence and they sent me information back. First of all they said that they could not find a copy of my application form but they were under no legal obligation to keep or produce a copy of this . Also the most recent letters they sent were the following, 20th of June 2008 – Pay the full balance , the following will happen. A default notice will be registered. Instruct a Debt collector. The only letter after this which is not a photo copy (the letter head is coloured while the others have been photocopied) Is dated the 29th of August and is the default notice – a year after this was placed on my account. Do I have a chance to fight this and get it taken off my account ? Thanks

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Nationwide should have sent you notice that they were about to register your account in default, i believe you have a case, site team will be able to give you further advice, you should possibly also be requesting from Nationwide a copy of the original Consumer Credit agreement (CCA) Here is the link to the letters page

http://www.consumeractiongroup.co.uk/forum/showthread.php?20758-creditorsandDCAs-letterTemplates&Budgetplanner

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Statute Barred is 6 years Homer, unless you are in Scotland.

 

The default should drop off the CRA's after 6 years too Mike, so if you think it was added on your CRA incorrectly, I would request a SAR which may produce a copy of the Default notice or a Notice of Default (they are 2 different letters, or should be) requesting the CCA would not assist IMO.

 

It will cost you a tenner but may give you the information you need to get it removed.

 

I've just re-read your first post Mike and you appear to have had both of the letters I mention here, was the default notice on 29th Aug 2008?

 

What date was the default registered on your CRA?

Edited by Dotty50
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Statute Barred is 6 years Homer, unless you are in Scotland.

 

The default should drop off the CRA's after 6 years too Mike, so if you think it was added on your CRA incorrectly, I would request a SAR which may produce a copy of the Default notice or a Notice of Default (they are 2 different letters, or should be) requesting the CCA would not assist IMO.

 

It will cost you a tenner but may give you the information you need to get it removed.

 

I've just re-read your first post Mike and you appear to have had both of the letters I mention here, was the default notice on 29th Aug 2008?

 

What date was the default registered on your CRA?

 

Hi Dotty,

 

It was placed on my records on Aug 2008. It is on both Experian and checkmyfile.

 

The letter from Nationwide is dated 17th Aug 2009.

 

Strange thing is they have sent me numerous letters which are photocopies but the default letter is not a copy, looks like they have just typed it up.

 

Thanks,

 

M

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Why they should take 12months to issue the DN is anybody's guess but I think it's the date on your files that will count.

 

You say that you paid the amount, was this before the DN expired? If it was and you have proof, then this needs to be pursued as it shouldn't have been registered if the amount on the DN was paid in full before the expiry date.

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Exactly the same thing has just happened to me. I had a BASIC (flexaccount) with nationwide up until around 2008. there was no overdraft, no borrowing facilities at all, no debit card. i remember there were a number of times i was getting unpaid dd charges, when i had instructed the bank to cancel them online. When i noticed this the second time, i stopped using the account and wrote to the bank to dispute the charges asking for them to be refunded, and making an SAR. They wrote back with all statements etc, saying they wanted to wait for the pending OFT court case. After the case concluded, they sent a further letter telling me to swivel. I did not pay the last £35. About a year later, I recall nationwide writing to me to say the account was being closed. Then this year they have used some mickey mouse threating debt letters to request payment of £343....and put a default on my credit file. I think this is wrong, because I should never have had the fee in the first place, and if I had no credit with them, they should not be allowed to put date on my credit file. I have raised a dispute online with equifax and will update the outcome

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Exactly the same thing has just happened to me. I had a BASIC (flexaccount) with nationwide up until around 2008. there was no overdraft, no borrowing facilities at all, no debit card. i remember there were a number of times i was getting unpaid dd charges, when i had instructed the bank to cancel them online. When i noticed this the second time, i stopped using the account and wrote to the bank to dispute the charges asking for them to be refunded, and making an SAR. They wrote back with all statements etc, saying they wanted to wait for the pending OFT court case. After the case concluded, they sent a further letter telling me to swivel. I did not pay the last £35. About a year later, I recall nationwide writing to me to say the account was being closed. Then this year they have used some mickey mouse threating debt letters to request payment of £343....and put a default on my credit file. I think this is wrong, because I should never have had the fee in the first place, and if I had no credit with them, they should not be allowed to put date on my credit file. I have raised a dispute online with equifax and will update the outcome

 

Hey Jasmin,

 

We are on the same boat, when do you think you will hear back ?

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The report agengy is saying 6 years, how do I get it changed to 5 ?

 

A default stays on your file for 6 years whether you live in Scotland or not.

Any advice I give is honest and in good faith.:)

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