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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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Very/NDR Debt


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Hi all

 

I was wondering if you could help with a question I have.

 

I originally offered NDR a payment plan (worked out via a personal dmp). They refused my offer of payment, even though it is all I can afford.

 

Upon searching for help on the internet with what to do next, I realised I could send a CCA request, which I did and they replied quite promptly with a written report of my account and a printed version of what I agreed to online.

 

This is where I'm a little confused. As my account was set up online, they have a box which says 'tick for signature', which has a tick in it. Is this enforceable as me signing up to an agreement with them or does it have to be an actual signature?

 

I'm not sure what to do next until I know if they can enforce my tick box online version?

 

Many thanks for reading :)

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This is where I'm a little confused. As my account was set up online, they have a box which says 'tick for signature', which has a tick in it. Is this enforceable as me signing up to an agreement with them or does it have to be an actual signature?

 

I'm not sure what to do next until I know if they can enforce my tick box online version?

 

 

Hi,

 

Sorry your thread seems to have been missed, yes they can enforce your on-line signature, The Electronic Communications Act of 2000 has made it clear that electronic signatures are admissible in evidence about the authenticity or integrity of a communication or data (see Section 7(1) of the Act).

 

How old is the account and are there any charges on it.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

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Hi Scott,

 

Thank you so much for replying and confirming my tick box is enforceable.

 

I opened the account on 24th November 2010. There are a number of charges on the account, I'm not sure which are which and plan to ask for a list of them. I haven't been making payments as I have been unable to (I am on a limited income due to disability). I worked out a payment plan, submitted it to other creditors and all have accepted except NDR.

 

I had also asked them to stop the interest being added but this hasn't happened, so any payment I would make is getting swallowed up into interest and not touching the balance.

 

I'm unsure of my next step. Ideally, I'd like them to accept my payment plan so I can start chipping away at the balance, but I fear my balance will just continue to increase with interest and charges until it's astronomical!

 

I would be grateful for your advice.

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If they keep levying intetest and charges, claim it back and pay them £1 a month until they agree to your plan as its obvious they are profiteering off you and not taking your circumstances into account.

 

Typical behaviour from catalogue companies unfortunately.

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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You can claim all unlawful charges back as they are penalty charges, and you can always contest the interest as it would obviously be unfair.

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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Thanks renegadeimp, I shall send off a SAR letter (which I assume will include a list of all the penalties they've levied) and go from there.

 

In the meantime, should I be making a token payment on the account to show willing?

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Yes. Pay a small token payment by standing order. Dont give your bank details.

 

Also, a sar asks them for ALL info they hold on you. If you require something specific then ask them as part of the request.

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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  • 3 weeks later...

Hello again

 

With Christmas/New Year out of the way, I was looking to send the SAR letter today, but have instead received a letter from Very/NDR to say they've given my debt to Lowell debt managers.

 

As it's now been transferred to Lowell, can I still contest the amount owed? It's around £1,000 in charges/penalties/interest which has been added on to the debt. Or is it too late now and I owe Lowell the whole sum?

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Of course you can. get the relevant letters off to very and if lowells come calling, tell them it is dispute. Dont give any reason why, just let them know. The reason theyve sold it is due to those charges.

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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