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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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capquest - old sky/monument/BC credit card


toonlee
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1. If you dont pay they could still apply for a CCJ. If the debt is statute barred then you don't have to pay.

2. IIRC guidance says they must send you a statement of account at least once a year. You can ask at any time for one, and they should give you one. You can also send a SAR which will give you all info they hold on you.

3. Most do, but not all do. It's the luck of the draw, but saying that, many DCA's and creditors are taking debtors to court more often now.

 

In short, if the debt is legit and not filled with bogus charges or it isn't Statute barred, then you should continue paying. It sucks, but thats one of the downfalls of being in debt. You could ask them to consider a settlement offer though, although if they accept, you have to get certain conditions agreed in writing.

 

If a DCA owns the debt, they are much more likely to accept, but if a DCA owns the debt, you have to be hunting down the reason why they own it. Never pay a DCA unless the debt is 100% legit.

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

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I just re-read the thread.

 

I have been paying cap-quest for a credit card debt on and off for almost 6 years and regularly £5.00 every month for over 2 years

 

It REALLY sounds like you are being cash cowed. Capquest are well known for doing so, and wont accept £5 a month for almost 6 years unless the debt was a lemon debt.

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

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First step is to CCA them. Capquest rarely have the full paperwork needed to enforce any judgement. Since yours is a Credit card debt, it is probably full of penalty charges which is why crapquest have been happy to keep you paying for 6 years.

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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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If my memory serves me correctly I am sure they were the ones that just sent me a blank CCA and asked me to sign it with a copy of my t&cs ( I did not) and quoting some court case or other.

 

You've been cash cowed. For the last 6 years.

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

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