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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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Brighthouse threatening repossession and constantly visiting!


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You can certainly reclaim the OSC Arianna if you believ you have been misold that. I dont like the way brighthouse operate at all, we have cases each week. As I said Araina, its a Brighthouse contract, some people at other CABs have been named and shamed for not doing there jobs correctly. Im trying to help you, I suggest getting yoUR ur own home insurance, reclaiming the OSC if it was mis sold, the whole insurance thing the wont rent out a product if its not insured against fire, theft or damage, thats just the way they operate. OSCis a different matter, that is optional and expensive and a waste of money. Forexample my sofa from DFS is on credit,but its not hirepurchase.

 

And you dont have to hand back the goodsif you dont want to, even if you havent paid a 3rd ! Hardly a Brighthouse employy telling you this am I? Request a rewrite. bit make contact.

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Oh dear

both for the predicament that you are in but alos for the advice given by DX, from thhe site team.

 

Being a volunteer for CAB, he is right with certain things,

ie they are not bailiffs, they are account handlers,

and after meeting with them, the last thing they want to do is retrieve goods, as its lowers the numbers of agreements rented out,

 

therefore the shop not making more money,

 

so trust me the last thing they want is to retrieve.

 

After one missed payment you get calls, if not contact after 2 missed payments, they can and probably will visit you especially if you have mad eno attempt to contact them.

 

They DO NOT need a court order, they need something much easier, YOUR PERMISSION.

If not, thye wont/cant take goods back.

 

As for DX telling you to reclaaim this and that, please ignore it,

he sounds like a solicitor shoutig I know my rights,

 

The Goods do have to be insured 100% by either Brighthouse or yourself, get it insured yourslef its cheaper,

but the goods DO HAVE TO BE INSURED, or they wont be rented out.

 

As for the other insurance, OSC, the optional service cover, is indeed optional.

 

Mist eectrical products have a 12 month warranty anyway,

so its pretty much uselsess,

 

HOWEVER if you get into financial difficulty you can hand the goods back with arrears being written off,

get re wrote (debet erased - and back to one payment) If only other hp companies did this, for example if you default on a car payment, the car gets towed, auctined and you have to pay the difference !!

 

Regarding the late fees - credit cards, mortgages etc all have payment dates, if they are not met, there is a late payment fee, typically £25, I believe Brighthuse is just £4.50,

 

unfortnately, all this is in the ocntract along witht the OSC that you can sign.

 

The police are not interested in people calling at your door, its a civil matter,

I have had clients in bother as they recorded them and filmed them ! Strange world.

 

Most branches will always rewrite an account to help you,

or what we advise is to return the goods 9non essesntial)to you get back on your feet, thats the beauty of hire purchase

 

We already have said they are not bailiffs they have no right of entry and cannot take the goods back without either a court order or being let in

 

They are being thuggish and bullying it is harassment not a civil matter at all having someone intimidating and hammering on the door is harassment

 

TROLL ALERT

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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got to be joking trading standards told me breach of contract i nevet asked for the osc and when i did say i didn.t want it they wouldn.t take it off .i.ve had my dlc back of them and now taking them to court for osc they gave me a contract with the insurance already on there they ticked boxed i had to sign your not given chance to read as they are so busy and is so rushed.i will get my money back.

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It would only be harrassment if they were making threats, constantly banging etc, I agreed with the above. But if tey are just knocking say 3/4 times and leaving then no police will ever take action, even if they knock two three times a day

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Arainne, you are fully deservedof your OSCback if it has been mis sold. I wish you luck. If they ticked any box, the contract is void, a contract is also void if they EVER put a little X next for you to sign, as that counts as a pressure sale/signiture. And Troll alert? Thats pathetic

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The thing is with that, it is a loophole, as they have not made contact with you it is hard to place it as ahrassment, they can ring you umpteen times, the legal bits, it becomes harrassment if

 

* they leave more than ONE voicemail in ANY 24 hour period

* you tell them when you can pay - and THEN they phone you up before that

 

I suggest writing a letter for the phone calls to stop, once you have requested that they have to stop

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is that true about the ticks not heard that before cause i.ve got contracts here with them and my friend with buy as you view are full of them.what about a warrenty thats been sold as a loan with interest that you wad never told about .

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so its ok to phone you about 10/15 times a day.

 

Clearly oldworker is posting to get a response

 

I would go by the advice you have been given at the start of the post

 

It is harassment the from brighthouse

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I'll ignore the I hate bailiffs as they are ridculous heavy handed approaches at the top suggested to the customer. Back to yourgoods, how late are you? how much do you owe,can you afford your weekly payement, however if they threaten, shout etc, get recording.

 

And yes if any employee of any compnay has a n X OR A tick, the contract is void.

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sorry but some of your advise oldworker is really off the mark and needs to be treated with a large pinch of salt.

 

esp the bit about the X , it does not void any contracts.

 

as for the bit about because insurance

 

just because its in the agreement that does not mean its lawful

its the same as PPI - a mis-selling Commission grabbing exercise.

 

there are NO rules ANYWHERE that state you must have insurance on an HP agreement.

 

again please show us WHERE the HP agreement guidelines STATE you MUST have insurance

on goos under an HP agreement

 

2nd time of asking.

 

or is already your hometime

 

if you ARE CAB

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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"Hire purchase goods MUST be covered against damage caused by fire, theft or accident. If you do not have home contents insurance policy or alternative insurance to cover Hire Purchase goods, BrightHouse’s Damage Liability Cover is available" Terms of the contract, the word must is in black and white.

 

Also DX any form of marks on the signature strip for any customer, if they have been forced as in x sign here, or ticks, indicates a pressure sale and this has been successful in claiming back unworthy life insurances, PPi claims etc

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new weapon if the ticks work OD

 

brighthouse [or indeed any company using HP agreements] can write what they like in THEIR paperwork.

 

the point is, there are no rules that dictate HP must have insurance on the goods.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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new weapon if the ticks work OD

 

brighthouse [or indeed any company using HP agreements] can write what they like in THEIR paperwork.

 

the point is, there are no rules that dictate HP must have insurance on the goods.

 

dx

 

 

The tick thing DX, is recently more so the PPI era.

It indicates the customer was not given the contract to read, just a sign here demand.

Very useful, and successful,

Im worried regarding the orignal post.

 

She doesnt have protected goods so Im perplexed as are some colleagues as to why her local CAB has instructed her to go to court.

With her paying under a third, the judge will tell her to return goods, she may get some OSC cover refunded or all,

but she cant negotiate a payment with the lenders if she doesnt have protected goods status,

but that im sure you are aware.

 

From experience, a counter claim will be issued requesting a warrant for goods, which in return the debt will be written off.

 

Some people (not the one here) do expect something for nothing, we've had laughable cases,

ie "ive just got a brand new 60 inch tv from Brighthouse

- when for example they are on long term sick"

 

If that was the case we'd a'll drive Ferraris ad tell the finance compnay you cant afford the £2500 a month agreement,

can I kee the car and pay £10 a month?

If you need any extra information aor results on previous cases or histpry, buzz me, ill be happy to help.

 

Back to the insurance, even though I dont like to you have to put yourslef in the companys shoes, would you sell a £1500 laptop for ex, with no insurance, say they break it after 3 weeks, wheres the compnay go from there?

They have lost £1500.

 

They couldnt afford to risk goods having no insurance,

ey DIDNT offer to remove it if you had your own and say they MUST use there own insurance,

now that is unlawful and mis selling.

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well i for one had insurance and i produced my insurane when i signed up but still they added into my contract with asking me.most of my items are nearly paid for except a few which i had a phone for my daughter she was paying for that and when i couldn.t afford my payments they wouldn.t except anything unless full payment i had a phone for my son and other daughter and a washer and dryer i asked not for the insurance told them i had already extended warrenty and they new i had house contents as had it with me but they wouldn.t take them off. i.ve had my dlc insurance back on all items and am taking them to court a week tomorrow if no response by then .trading standards informed me if they put insurance into a contract with out asking you if you want it they are breeching the contract.half of mine are not signed by either of us.

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well i for one had insurance and i produced my insurane when i signed up but still they added into my contract with asking me.most of my items are nearly paid for except a few which i had a phone for my daughter she was paying for that and when i couldn.t afford my payments they wouldn.t except anything unless full payment i had a phone for my son and other daughter and a washer and dryer i asked not for the insurance told them i had already extended warrenty and they new i had house contents as had it with me but they wouldn.t take them off. i.ve had my dlc insurance back on all items and am taking them to court a week tomorrow if no response by then .trading standards informed me if they put insurance into a contract with out asking you if you want it they are breeching the contract.half of mine are not signed by either of us.

 

 

aaaa sorry I see, yes if you produced your own home insurance and provided it covered Hire Purchase goods, yes mis sold 100%. I thought you only started your account in August, now this changes things.

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hi the tread holder started her bh in august mind i was just advicing her .bh will not come tp an arrange even for a small period and they are really pushy and it puts your back up.they make you feel so small and stupid if they agree in the first place a smaller payment for a while people wouldn.t make claims and not pay at all.not only do they sell over priced items but high interest rates and high insurance prices.some of their items you can.t buy anywhere else and these are over charged and poor quality i know i.ve been sold them their settees are rubbish and are worthless might look nice but soon developes major faults. bh need to get their act together and start helping more you can.t help a change in money and if you can.t give your items back and why should you give back an item you.ve paid over the odds on until you get sorted they.ve had your money no problem.

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hi the tread holder started her bh in august mind i was just advicing her .bh will not come tp an arrange even for a small period and they are really pushy and it puts your back up.they make you feel so small and stupid if they agree in the first place a smaller payment for a while people wouldn.t make claims and not pay at all.not only do they sell over priced items but high interest rates and high insurance prices.some of their items you can.t buy anywhere else and these are over charged and poor quality i know i.ve been sold them their settees are rubbish and are worthless might look nice but soon developes major faults. bh need to get their act together and start helping more you can.t help a change in money and if you can.t give your items back and why should you give back an item you.ve paid over the odds on until you get sorted they.ve had your money no problem.

 

Yeah the thread holder who got the goods in August hasnt a leg to stand on to be brutally honest. Its just classed as renting a product till you have paid x amount off it. She was nowhere near.They CAN come to an arrangement, payment plans, rewrites, it depends how they go about there business thats annoys people. The interest rates though are competitve with PC world and Currys. The reason they ask for goods back though Arianne is that is Hire Purchase, they are not legally yours till you have made your last payment. Returning the goods stop the weekly amount building amount. Depends on the product, I advise luxury items, phones, laptops, Tvs, hifis, even dryers to return those, white goods, beds I do not, you will always get your goods back. Had a few complaints regarding sofas too actually.

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a rewrite is not very good idea she can.t afford the weekly payment at the moment i can.t see why just for say 6 wks except half say no late charges as it geta you further in debt and the rest gets added on to the end .or better still atleast let them pay what they can afford until their money is sorted out bh ia getting money and she can keep their items but only tempary they both gotta give it shouldn.t be that shes got to pay all or nothing or we.ll take them back .something needs to be done about both bh and bayv with these insurance and late payments.

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:lol::lol:

 

it is a big forum and only posting on one thread

 

If it is CAB very biased advice and not for the consumer would put people into a deeper state of depression after speaking to them

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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i.m not condradicting myself but if you.ve not been with them long you are in a no win situation if its all above board they should try and help.believe me i wouldn.t recommend them or stick up for them .its their insurance thata bad the way they sell it.i was told recently by a friend who.s friend works for brighthouse she enjoys working for them but would never like to be on the other end of them she.s not worked there long and have seen bad sales ect already. cab do not give much advice on these companys they know some stuff like what they can and can.t do but the ones i so didn.t really want to know it was you guys who told me about the mis selling and all the other info , it seems cab are to over worked .consumer direct was great only if you get someone who knows what your talking about mind.

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