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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.

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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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Barclaycard and the Isle of Man

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Hello, can anyone help with this issue please?


I live on the Isle of Man and have Barclaycard and mercers still chasing me for a debt they say I owe them, I have written to Barclaycard several times and asked for the Original Credit Card agreement they replied saying then did not have it,one sentence in the letter said “We arecurrently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues”. Now I know that the consumer credit act 1974 is not applicable here on the isle of man, also Iam concerned about jurisdiction as the isle of man has its own laws and court system. Any help with this would be much appreciated. To add the card was takenout in 1996 in the UK mainland as I used to live there at the time.

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Hi GD and welcome to CAG


Even though they can't legally enforce the credit agreement, they can still take normal collection activity, hence why Mercers are pursuing.


If you think you do not owe the debt they seek, I doubt they will take any action to recover due to the lack of the credit agreement and also the matter of Jurisdiction.


Can you confirm approx what they are now seeking.


Please also see my PM to you.



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hi, thanks for the reply, they are chasing me for £8k CC debt on one Barclaycard, mercers call me and I tell them I won't deal with them over the phone, I refuse to give any details on the phone, I wrote to them telling them I want proof of the debt in the form of the original CCA, but they say they are unable to do this, so according to the Consumer credit act 1974, s78 this makes in unenforceable.

mercers told me 2 weeks ago it was being passed to a more specialized collection company, and they may visit my house to discuss a repayment schedule unless I call them now, I just sent them a letter once again asking for the proof of debt and then 3 days ago mercers called me again telling me to go to a local Barclay's branch to discuss the matter, I don't think this is a good idea.


I have a mortgage but it is not with Barclay's, in fact I have no other account with them, my personal accounts are with local banks here on the Ilse of man, my worry is that maybe they could take my home from me and my family, is this possible with an uneforcable and unsecured credit agreement, also it seems that DCAs pick up where they leave off and start harassing all over again.

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Hi GD,


Mercers will tell you anything if they think it'll persuade you to pay.


If you dispute the debt, I doubt there's anything they can do without a credit agreement and you living out of the UK Jurisdiction.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            Have we helped you ...?  Please Donate button to the Consumer Action Group


Please give something if you can. We all give our time free of charge but the site has bills to pay.


Thanks !:-)

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