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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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    • 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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Secured Welcome Loan - now being chased by Lowell Group


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What concerns me is that this ''agreement'' has surfaced after Lowell have stated it is no longer available, are the figures anything like you recall they should be.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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To be totally honest this all happened around the time of my divorce, I was in a bad place and have little memory of it.

 

But I cant believe I would have signed that, and I dont remember it! They have cleverly not included PPI!!

 

That is suspicious to, imo reject it on grounds of the signature and that you do not recognise the figures.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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what is concerning me is no Micky mouse insurance

 

what gives it away is no mortgage indemnity fee

 

not having one set of fees i can accept, but missing out two sets of fees is unheard of

 

can you post up the bottom half of the agreement

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The Mortgage Indemnity Fee shall be charged to you by being included in the total advance. In return for payment of this fee, we agree that, in the event that it is necessary for us to enforce the security, and the value of the secured property upon sales is insufficient to cover all sums then due by you we shall not pursue you for the shortfall.

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That's the normal statement, the indemnity fee has its own box as it cannot be included in the amount of credit for the goods. You have no indemnity fee included in the agreement

 

what is your view on post 36

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Working late here I a Welcome FS Loan agreement on file it is exactly like the one posted here, also others from a few years back are the same, either this is a clever recon or the genuine article very hard to judge.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I am very concerned about this miraculous appearance particularly after some other instances of similar types with other DCAs and Welcome accounts.

At the moment I'm not sure that it is valid!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok, im going to draft a letter. Key points:

 

**********

 

Thank you for you letter and copy "credit agreement"

 

Upon inspection I consider the account to still be in dispute.

 

I have no recollection of this account nor agreement

 

In addition I have concerns over the validity of the signature presented on the form.

 

**************

 

Anything else I should say? How should I end it?

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You do not recognise the format or content of the alleged agreement, nor can you reconcile the figures therein.

Send RD for the attention of Ms Sara de Tute, Director of Legal & Compliance, Lowell Group, Enterprise House,

1 Apex View, Leeds LS 11 9BH.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks to you both for your help. I will send this RD tomorrow. Lets see where this goes next!

 

Good Luck!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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When you get a loan, say £500

 

That will be called the AMOUNT OF CREDIT

 

Then you will have to pay back the original loan plus interest and any extras such as PPI

 

These extras have to be listed as separate entities on the finance agreement, they are then added up to form THE TOTAL AMOUNT OF CREDIT which includes the amount of credit

 

If the mortgage indemnity fee or PPI as an example was added to the amount of credit, the amount of credit would then be misstated and as a prescribed term in the consumer credit regs, invalidates the agreement

 

Yes car credit had the same problem, any deposit made was deducted from the cost of inurance products, not the amount of credit which would be the car, amount of credit misstated, bang goes the agreement

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Ok, I see, that makes sense. I will have that up my sleeve I think.

 

Also, do you have any thoughts regarding the two different interest rates displayed? It says 19.6% and 19.1% in different boxes? Confusing?

 

I cant get any online calculator to match the calculated numbers on this page

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