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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
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    • 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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Me and Blemain


Bigmac versus
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Sent SAR and cca request,

 

the next day we received a whole lot of stuff including credit agreement,

copy of their final offer from Nov last year

and another revised final offer giving us 6 months to accept or reject their latest final offer or go to FOS.

 

Today we got in the post our requests returned to us as "addressee gone away"

the address we sent them to was the address that is on their court papers sent to us for later this month.

 

So surely that address if not used anymore shouldn't be on the court papers served to us?

 

The address was blemain finance ltd, bracken house, charles street, manchester, m17bd.

 

Interestingly we also received a call from someone who knew we had an account with Blemain finance

and were asking if we were mis-sold the loan!

 

Wife called them to ask about the address and was told it changed in September 2012!

Edited by Bigmac versus
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I suspect their solicitors messed up but that they wouldn't have too much trouble amending the claim.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Have you checked with the court if there's a sist? Also if they are aware that the address is wrong.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for that, will check with court regarding sist, they did say would be requested on the day though, we do however have emails confirming sist will be requested. Will appear on the day in question to find out. Maybe i could ask for it to be struck out due to address? Would only reissue but would be funny.

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Got another set of accounts from them through the post, as clear as mud.

 

These accounts are terrible to understand and the few i have been sent all have differences,

 

I have had to write again explaining i need a true up to date statement of account

they claim is owed to them.

 

Dont want to complain about something they have removed in their final response.

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Posted again to new address, now the waiting begins. Will look into mis-selling in the meantime.

 

Hi Bigmac, may be useful info here http://www.fca.org.uk/firms/firm-types/mortgage-brokers-and-home-finance-lenders/mcobs/scope-of-regulation

 

http://www.which.co.uk/consumer-rights/problem/i-think-ive-been-mis-sold-my-mortgage-what-can-i-do

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Been reading up loads on Blemain and found lots of interesting stuff,

 

found a few things in the terms and conditions too that im sure can be proven Unfair

given the opportuniity in court.

 

My fear is at some point they realise this and drop the case leaving me with a charge on my house.

 

They do make mistakes and lots of them and i hope they pay for it.

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I think the sar will be your golden bullet

 

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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Been reading up loads on Blemain and found lots of interesting stuff,

 

found a few things in the terms and conditions too that im sure can be proven Unfair

given the opportuniity in court.

 

My fear is at some point they realise this and drop the case leaving me with a charge on my house.

 

They do make mistakes and lots of them and i hope they pay for it.

 

I'm not sure that I follow you here Bigmac. If they drop the case that doesn't prevent you pursuing charges etc, which will reduce the balance. Was the original loan secured or unsecured and they later got a charge put on? When the debt is cleared, as I understand it the charge can be removed can't it? Or am I being dense?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...
Hi bigmac :-D

 

Sorry to hear you're still having problems.

 

If you haven't already considered it you might like to research if your mortgage was missold for example due, for example due to self certification or not checking affordability.

 

has anyone started a thread regarding Mis-sold mortgages?

 

 

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  • 1 year later...

Hi all, i decided to put together a complaint (32 pages) and send to the FOS, they have taken best part of a year to get back to me and basically a total waste of time there. I am now back in communication with Blemain and the ball is up and running again so to speak. Will update as and when anything changes.

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  • 1 year later...
  • 2 weeks later...

Looking at the broker side of things having had received commission from the lender without disclosing the amount or indeed notifying me of it then the impartiality of the broker acting as my fiduciary can be questioned and the commission paid seen as a bribe.

 

I think there is a case to answer here regarding an unfair relationship but coupled with the fact that the broker I contacted who was advertised as u uk company (freedom finance) was actually not the broker and the broker fee and commission went to bespoke finance based in gibraltar and as they are not within the jurisdiction of the uk regulatory bodies. This was not something I consented to or had any knowledge of till my SAR came in. This in itself throws weight to this unfair relationship argument.

 

Any thoughts?

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if you use our search cag box top red toolbar

bespoke finance

you'll see most claims have been settled without their involvement

its a smokescreen

by whomever the lender was.

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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Just an update; Court is ongoing and I have a solicitor to represent me as per the judges request.

 

I am requesting the judge to make an order under section 140(b) (1) of the CCA 1974 for the contract being used unfairly by Blemain (various reasons which I will go into if successful)

 

If the above fails I am challenging the fees applied to the account as they are penalty fees using the monarch route and OFT guidelines on debt and arrears collecting.7

 

I am challenging the building insurance and legal costs applied to my account and require evidence such as payments made to both claims as per the FOS.

 

Other issues such as hidden commission paid to the broker may come into it as I had no dealings whatsoever with bespoke and certainly didn't get independent advice from them acting as my fudiciary as to wether or not Blemain was a suitable lender for me, not to mention the interest rate argument.

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  • 2 months later...

Hmm. Just spotted an email notification of an interesting post from another Blemain warrior fighting similar battles to you Bigmac. Seem to have missed your posts somehow and that one's gone. :-/

 

Regardless, I'm glad to see you've lost none of your tenacity and are still in there fighting Bigmac. Wishing you and yours a great Christmas and a successful and prosperous new year. xx

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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