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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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Hutchinson 3G - Urgent Advice


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To cut a long story short, I cancelled my 3 contract (outside my 12 months) in June by sending a letter on 7 June, stupidly not by recorded delivery. The phone has not been used since May.

 

After I recieved further bills. I sent another letter dated 30 Aug explaining I cancelled, and enclosed a copy of my original letter. They wrote back saying tough I still owe them as they "did not recieve the first request" then sent a further bill in September for 3 months line rental.

 

They passed it onto a debt collection agency, and marked my credit record with a late payment.

 

I cannot get contact with anyone apart from these one eyed mongolian jipsys that dont understand a word of english and talk so fast you cant understand a word, and refuse to put you through to someone else.

 

I sent this letter to Glasgow last Friday, recorded delivery, and have not heard a response, and the debt collection people have put an extension on for me for a few days

 

 

Account Number: xxxxx

3 phone number: xxxxx

Dear Sirs,

I am writing in relation to my 3 account in which had written to your customer services with a request to cancel my account on 07/06/2006. You can see from the activity on my account that the phone has not been used at all since I sent my original request.

I had received bills for July and August after sending my cancellation request, and after querying this I was informed that you had not received my cancellation request. I sent a further letter dated 30/08/2006 requesting for the matter to be resolved.

Since then I have not had a satisfactory response and received a further bill dated September, requesting £98.48.

I have spoken to your customer service call centre and I have found your staff extremely unhelpful, refusing my repeated requests to speak to a team leader or manager to try and resolve the issue, and telling me there is nothing they can do and no one else I can speak to. They eventually offered to take £30 off the total amount which I allegedly owe you.

Despite my efforts to resolve the matter I then discovered a late payment mark on my credit record and also received a letter from your debt collecting agency, both of which are totally unacceptable actions for you to take while the matter is in dispute.

I do not believe I should be responsible for your staffs inability to process a simple contract cancellation request.

I look forward to hearing from you soon with a satisfactory response.

Kind Regards

 

 

Should I write a further letter saying I will open a court case if they do not remove the amount I owe and my late payment mark?

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I think you've done all you can be reasonably expected to do - and with the DCA noting your dispute the ball is in Hutchison's court. As to them saying they didn't receive the initial communication - you don't have to send it by RD, although it makes it easier if a dispute develops. However, if you can prove there's been no use from the advised date of cessation, it would be difficult for them not to take your word that your usage had been terminated.

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Thanks, yes I can definately prove there has been no use whatsoever, so do I send them another letter, RD, sating if I dont hear from them by 7 days or whatever I will assume the matter closed, sending a copy to the DCA? As I want the late payment mark on my credit record removed as well

 

cheers

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I have some excellent telephone numbers for the men right at the top of 3 - .I had a long running case with them regarding defaults on account due to them continuing to charge me after cancellation, if you would like some contact details please pm me with a link back to this thread as I will have to dig them out.

 

Sharon

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  • 2 weeks later...

HELP!!

 

After sending the letter above, I had a phone call about 2 weeks later, basically someone that hardly speaks english again, telling me the same stuff, theres nothing they can do. I ask for someone higher up to call me back to resolve the matter. They said ok, themn I heard nothing.

 

NOW THEY HAVE PUT ANOTHER LATE PAYMENT MARK ON MY CREDIT RECORD!

 

How can I sort this out if there is no one to contact in this country from 3 that can understand, just the same non english speaking jippos telling me the same crap, and not getting any response when they say someone wil lcall me back???

 

Can I get a court order ofr them to remove my late payment marks on my credit file and cancel the bill? It would be obvious they are in the wrong as a\ i cannot contact them b/ i never get a response or call back when they say c/ cannot speak to anyone that speaks english d/ i have not used the phone since i originally cancelled it etc etc

 

Many Thanks I am soooooo frustrated I might go to a local 3 shop and not leave until they sort it out!!

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Not really - the late payment marks are all part of this creidt conspiracy between companies of the same 'club' - the dta isn't publicly available, for example - I can't view your record so it's not public information - however any information stored about you has to be accurate, and if it is not you have the right to challenge it. Late payment marks will accrue automatically - did you make their last payment, or get them to declare it is under dispute? Only by doing this will give you the leeway to seek a resolution. You can't phone them, but you can write to their Glasgow address.

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OK i now have a letter from the debt colleciton people saying they have started legal proceedings....

 

do I let them take me to court and present my case?

 

or would i be likely to lose as I did not send the first cancellation letter recorded delivery?

 

Please Help!!

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No - you hold your ground. When sending them a letter of cancellation, they do not state it has to be by Recorded Delivery, so you can reasonably expect your instructinos to be carried out 2-3 days after sending it. Just respond to the threat letter by staing just the facts; i.e. Notice had been given for termination on xx/xx/xx and service should have ceased on xx/xx/xx. Your account with Three UK is under dispute, so you are not inclined to deal with third party recovery agencies. You have not used the handset since the latter date, and as such proved that you have kept your side of the arrangement. Any court action they contemplate will be fully defended, however you are giving them this opportunity to update their records and close the account, assuming your credit file has not been unfairly compromised. If these assurances are not given, you retain the right to search your CRA files, and the cost of so doing will be passed on to 3.

 

That should hold them for a bit!

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Thanks v much okonski

 

I will phone the dca then follow it up in writing

 

I will then call/write to 3 again as on the last call they made to me at 2130 in the evening they told me someone would call back, that was at least a few weeks ago!

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You should be able to get these marks removed especially as they are not relevant to a cancelled contract (However make sure you've paid them up to date and there is nothing owed). These marks are automatically applied by the billing computer and sent to the CRAs, so human intervention is the way forward. As ytou've found, fealing in a voice call with an Asian call centre has its problems too, so avoid that if you can.

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Guest Alison82
I cannot get contact with anyone apart from these one eyed mongolian jipsys that dont understand a word of english and talk so fast you cant understand a word, and refuse to put you through to someone else.

 

Yes but there is no need to be rude about them, we all find it anoying.

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