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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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Hello,

 

Every week I am expected to pay £39 a week for 3 items

(Computer monitor, the desktop tower itself and another touch-screen computer)

and have managed to pay on time most of the time without fail,

 

however this week I was unable to pay and now that Saturday has passed,

 

I am worried that on Monday they will come and threaten to take my stuff away from me.

 

They have done this in the past(not by force, we didn't want any trouble so gave them the stuff)

as I wasn't aware of my rights and they returned the item once we paid everything in full.

 

They said the next time we were late, they would come and take our stuff away permanently with no option to get it back.

 

This is what is worrying me as I cannot pay the bill upfront on Monday,

however, I can pay it on Tuesday but I'm not sure if they'll accept my payment then.

 

I'm also planning to pay off TWO of the 3 items this week (one on tuesday and one on friday)

so I don't have to pay so much per week as there isn't much left to pay on both items

(about £35 to pay on monitor and £100+ on the computer)

 

Can they force their way in and take the stuff?

 

Can they also refuse to accept my full payment on Tuesday since I'm late?

 

I've received no notices in writing and they have never taken me to court.

 

I am planning to pay it,

I just couldn't manage to do it this week and am now left worried that I will no longer have a computer to use after Monday.

 

Should I just avoid all contact with them and wait it out until Tuesday or what?

 

Thanks.

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wherever did you get the idea theyhave ANY POWERS to take things from you???

 

they ARE NOT COURT BAILIFFS.

 

NO brighthouse staff can EVER do that legally.

 

now back to your issue.

 

I bet you are paying for OSC/DLC and were told you had to have them?

 

you do realise THEY ARE OPTIONAL and EVERY PAYMENT you've made for them YOU CAN GET BACK.

 

as for not being able to pay..TOUGH.. they can wait 24hrs

 

you are under NO LEGAL OBL to answer you door to them

 

NEITHER

are you to answer the phone to them.

 

anysilly beggar that comes a-knocking, tell them to LEAVE your property

or you'll call the plice

 

can I politely suggest you do some reading in this forum that you've posted in.

 

and GET RECLAIM that useless insurance

 

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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Put simply, if they force their way in to take goods, they are nothing more than common burglars, and you MUST dial 999 immediately.

 

You are fully entitled to keep the goods unless a COURT orders you otherwise. And since you have pretty much nothing left to pay, no court would ever order you to hand them back.

 

Also, if the idiots come knocking, just ignore them and dont answer the door. If they start shouting and continue knocking, call the LOCAL Police and say some unknown people are at your door banging and yelling.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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yep

 

and get those insurances taken off and the money you have paid them BACK!!

 

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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also, just to be sure.. because they once took my items before and "held" them for me until I could pay for them (which I did) - This doesn't change anything right? They still cannot force me to give up the items or do anything without a court order or my consent (which I will not give) right?

 

secondly, what if, for example, they DECLINE my offer to pay what I owe on Tuesday? Are they allowed to do this? The guy who came round last time is known to say "no" to every little thing which is the reason why I was worried.

 

lastly, if they DO come round to my home and use these "scare" tactics to trick me into giving them "their" stuff. How long should I leave before contacting legal authorities and what should I tell them? Won't they try and trick the police into getting us to open the door saying we owe this and that?

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also, just to be sure.. because they once took my items before and "held" them for me until I could pay for them (which I did) - This doesn't change anything right?

 

Correct that it changes nothing. Just because they fooled you once before : don't let them fool you again.

 

They still cannot force me to give up the items or do anything without a court order or my consent (which I will not give) right?

 

Right.

 

secondly, what if, for example, they DECLINE my offer to pay what I owe on Tuesday? Are they allowed to do this? The guy who came round last time is known to say "no" to every little thing which is the reason why I was worried.

 

They can decline your offer, but that would change NOTHING. They still can't force entry / take your goods / put you in prison / enslave your first born child / whatever else they might threaten without a court order.

 

lastly, if they DO come round to my home and use these "scare" tactics to trick me into giving them "their" stuff. How long should I leave before contacting legal authorities and what should I tell them? Won't they try and trick the police into getting us to open the door saying we owe this and that?

 

Remain polite & firm with any BH staff. If you can, film / record events (can you video them on a mobile?).

I doubt they'd then call the police, but you should at any point you feel threatened or they try to gain entry to your property. If you call the police, note that the origin of events is a "civil matter", but you feel threatened or are worried that a "breach of the peace" may occur.

 

Let the police in if need be. If the police insist you let BH in (unlikely!) : remind them the original events are a civil matter. & respectfully ask them to seek advice from a supervising officer.

 

Get reclaiming any extra charges as advised further up the thread.

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If the police insist you let BH in (unlikely!)

 

Don't be too confident saying that, your average bobby knows nothing about these sort of confrontations and think mobsters have a right to enter and take stuff, bailiff or not.

 

[My bold]

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Don't be too confident saying that, your average bobby knows nothing about these sort of confrontations and think mobsters have a right to enter and take stuff, bailiff or not.

 

 

Which will be why my post saying "If the police insist you let BH in (unlikely!)" qualified that statement with : "remind them the original events are a civil matter. & respectfully ask them to seek advice from a supervising officer."

 

"Officers, they are trying to pull the wool over your eyes.

They have no right of entry, and if you make me let them in, you'll be exposing yourselves to a complaint.

I'll let them in (under protest) if you absolutely insist, but would you consider making your decision after seeking advice from your supervisor / duty inspector?.

It may well avoid a later IPCC complaint and county court damages claim against your Chief Constable"

 

If the person saying this has been polite & respectful to that point, most officers would think "hang on, we've nothing to loose by waiting a few minutes, lets check"

You then get the added bonus that when they check, and hear that the BH staff have tried to get them to do their 'dirty work' for them (and unlawfully, to boot!), the pendulum may swing and the BH staff may find the officers looking for offences to report them for if they don't scarper, pronto.

Edited by BazzaS
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If they do call the old bill and they claim right of entry tell the police officer that it is a good thing they are there as they can prevent a breach of the peace as your shutting the door in their faces is undoubtedly going to make them commit that offence.

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