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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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The Hounds @ MMF / Motor Mile Finance


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Totally agree Brig

Which is why I'm a tad sceptic about the letter :-\ if you can understand why ^_^

 

Do you think this should be flagged for future reference?

Personal reasoned opinion.

 

NO, it appears to me from the tone of the 'solicitors' letter that he is being fed only the information that his masters want action upon and has NO idea of what has gone before, this has been a scenario with may companies in the past, puppet solicitors kept in the dark.

 

The easiest comparison though not in house is Carter who is 'instructed' on cases that are SB or otherwise unen and has to withdraw when a defence is put forward.

 

Challenging this 'solicitor' now and laying all the 'real' facts before him could be very effective, it certainly can do no harm!!

Edited by ims21

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Well the envelope came in handwritten and also the letter looks like its had a mail merge done to it because of the "Creditor >" Element.

Oh Bryan Carter.... Wouldnt i love to see him drown in Pighsh*t... Wait no thats ... not enough ^__^

 

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Well the envelope came in handwritten and also the letter looks like its had a mail merge done to it because of the "Creditor >" Element.

Oh Bryan Carter.... Wouldnt i love to see him drown in Pighsh*t... Wait no thats ... not enough ^__^

 

Amateurish as usual. I say let's lay the facts in front of the puppet solicitor (if he exists:madgrin:)

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Agree :)

 

I'll go through the thread in detail and collate the information is date order and bullet point each MMF item will leave blanks for dates Refs etc., for you to fill I, if not completed today will post up tomorrow PM.

Edited by ims21

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Thanks Brig... Lets see how this goes... ^__^

Youve already seen the 2 letters they have sent claiming "These re the CCA Agreements"

 

Also no rush :)

 

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For Info;

 

Law Society Records:

 

Chatrath, Neal.

 

ID:366646

Admitted: 01/09/2011

 

Spec: Banking Law

Business Affairs (whatever that means?)

Commercial Litigation

Comm. property

Convey: Residential.

 

Higher Audience NO:

 

Sounds like lower level fee earner/salaried.

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Interesting.... Surely they would invest in the best commercial litigants?

Edited by fkofilee

 

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Thanks Brig... Lets see how this goes... ^__^

Youve already seen the 2 letters they have sent claiming "These re the CCA Agreements"

 

Also no rush :)

 

I don’t think those letters actually claim to be the CCAs – they simply list the accounts. Did you actually part with your £1 per agreement, requesting the CCAs? It’s not clear that you did.

 

Either way, as I mentioned earlier, your sole action here should be to simply state that the original creditor is the victim of identity fraud and they have bought lemons. You are not the victim here, so you have to report nothing. The police wouldn’t do much anyway – their bluster in the letter about how the police will check your ID is so blatantly intimidating as to border on harassment. Interesting how they can tell the police what to do. Again, misrepresenting the legal position.

 

State that if they do take legal action, you will counterclaim for exemplary damages.

 

The ‘solicitor’ (clearly a rubbish one) is misrepresenting the true legal position as he is aware of a valid dispute on the account. That’s worthy of a complaint to the SRA. Should pee him off a bit.

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I don’t think those letters actually claim to be the CCAs – they simply list the accounts. Did you actually part with your £1 per agreement, requesting the CCAs? It’s not clear that you did.

 

Either way, as I mentioned earlier, your sole action here should be to simply state that the original creditor is the victim of identity fraud and they have bought lemons. You are not the victim here, so you have to report nothing. The police wouldn’t do much anyway – their bluster in the letter about how the police will check your ID is so blatantly intimidating as to border on harassment. Interesting how they can tell the police what to do. Again, misrepresenting the legal position.

 

State that if they do take legal action, you will counterclaim for exemplary damages.

 

The ‘solicitor’ (clearly a rubbish one) is misrepresenting the true legal position as he is aware of a valid dispute on the account. That’s worthy of a complaint to the SRA. Should pee him off a bit.

 

All very very valid points from you Donkey :)

I dont see why i should have to go to the police on this one... Its ridiculous..

 

But if it has to be done it has to be done... Ive already said something about this to the police a while ago but this company do take the entire Cake!!!!

 

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Okay update.

 

After a quick phone call to establish the status of the accounts and if they are frozen currently. They said no and it's been transferred to their legal team?!

 

I don't know whether this is a pressure tactic or not. I refuse to cave in.

 

BRIG... Any ideas on this one?

 

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Ahhh the 'legal team' of one Neil Chatrath:madgrin:.

 

Only seen one letter from him so far! Doesn't seem to have much history/experience.

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Hi Brig

 

I reported it to actionfraud... Although i couldnt give them much information :/ For that reason i dont think they will beable to investigate it

MMF Advised "Ill get our complaints manager to contact Actionfraud this afternoon?!?!?"

 

If Mr Ellisshaw has nothing better to do these days :/

 

Brig do you ever have time to write that letter?

Edited by fkofilee

 

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