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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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Associates Capital Corporation - never had the card!


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This is a weird one. Some years ago I applied for a ACC credit card. I sent off the info and months later I had a cheque book land on my doorstep addressed to me at some address in North London. But strangely it had had my address at the time written on the envelope.

 

I telephoned ACC who told me that the card had also gone to this address. I was very concerned and asked them to cancel the card as I had never received it and had never lived in North London. They said they would cancel the card. This was way before I had dealings with CAG.

 

I have never had a statement nor a letter from them, nothing.

 

I now have a DCA chasing me for one unenforcable with Halifax which, because I have moved, I have to confirm I live here to do a prove it letter. And now I have them chasing me for £1113.58 of debt I never, ever used. Obviously I did sign an agreement to take out the card, but as I never had the card nor any statements, I wasn't aware the card was even active.

 

It's one thing getting into trouble with debt, but completely another when the debt is in my name but not mine.

 

Where on earth do I go from here?

 

As a mute point the unenforcable Halifax debt is the second one listed dated 17/04/07 and I never had a CA and is no doubt statute barred, as I would think the ACC card is.

Edited by Vampyra
Adding extra info for clarity.
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Hi,

 

How long ago was this card suposedly issued?

 

If it is over 6 years ago, and you have never used, paid or acknowledged the debt then we can probably get rid of this quickly.

 

Which DCA is on the case?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As far as I recall the debt is around 6 or 7 years old which I know would make it statute barred. I have never used, paid or acknowledged the debt because I genuinely thought the card was unused, unactivated and the account cancelled.

 

Our dear friends in Reigate are the ones chasing this and the Halifax one, 1st Credit.

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Ok Vampyra send the following letter to 1st Crud. Addressed to the Compliance Manager.

 

Dear sir,

 

I am in receipt of a letter dated xx xx xxxx regarding an allged debt originating from an Associates Capital Corporation Card, please take note I do not acknowledge any debt 1st Credit or any company you may claim to represent.

 

I must inform you that at no time have I been in possession of such a card and therefore have never used one or made any payment towards any debt incurred by use of such a card, therefore I will not be making any payment or offer of payment in regard to this alledged and fraudulent account.

 

I am aware that this ''brand'' of card was merged with Citi somw years ago which means this alleged debt is statute barred.

 

Should you wish to dispute the status of the alleged debt I must remind you that the onus of proof of 1. That I am the debtor you seek an2. that the debt is not statute barred lies entirely with 1st Credit, and unless you can provide such proof within 14 days I will consider the matter closed.

 

Recorded Delivery happy Christmas!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Saying that though I don't know when whoever spent the money actually spent it which might mean it's not close to SB.

 

The point is you did not spend you have never paid towards it and have never seen it, the whole burnden of proof is theirs NOT yours.

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Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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