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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 
      • 81 replies
    • 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
        • Like

Another VT with Motonovo


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Hi all

 

I'm new here, but have been reading some of the posts with a lot of interest recently.

Hopefully you guys can help with my predicament

 

I'm now over the 50% term of my agreement and as such would like to excercise my right to VT my BMW.

 

When I made the call to Motonovo they advised that there were certain stipulations to doing so.

 

Which were detailed in the terms and conditions.

 

These were

 

- Did I have 2 keys - Yes

- Did I have full Service History/MOT/v5 - Yes

- What was my current mileage - 94,000

 

At this point he mentioned the excess mileage charge of 15p per mile for anything over 12k per year.

 

I bought the car at 44k miles and over the last 2.5 years have personally clocked up another 50k.

So, this results in a charge of £3000 for 20k of excess mileage.

 

At this point I stated that at no point was i presented with the terms and conditions

and could he show me that I had signed.

He then stated that actually I had and pointed me to the small print of the terms and conditions.

 

damn, I had signed them...

 

4.4 - you acknowledge that on entering into this credit agreement we have anticipated that the mileage will not exceed 12k miles per year

 

4.5 - you agree that you shall not drive the ca rfor more than 12,000 miles per year,

if you do drive the vehicle for more than 12,000 miles per year

and the agreement terminates before the expiry of the agreement in accordance with clause 5

and this results in the vehicle being worth less than we anticipated should the 12k miles per year we will incur a loss

and you will recompense us (at the rate set out in clause 5.1.5)

 

5.1.5 - pay us n amount of 15p per mile in excess of 12k miles per year

 

so, I know I've signed, and should have read these at the time.

But am I stuck between a rock and a hard place now?

 

I have read the CCA trumps the T&C's but how can I present this to them over the telephone or in writing?

 

I certainly cant afford a £3000 bill, nor offer any ralistic gesture of goodwill..

..25% would still be £750!

 

Any advice anyone can provide would be greatly appreciated.....stressed to say the least!

 

many thanks

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if you do drive the vehicle for more than 12,000 miles per year

and this results in the vehicle being worth less than we anticipated

 

prove them wrong

take the max mileage you could have done

 

get a price on the vehicle from the net

 

do the same for your mileage.

 

as I read it

 

the T&C's say IF and we anticipate.

 

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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I would assume:

 

over the last 2.5 years as per post 1

 

 

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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Share on other sites

:lol:

 

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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Share on other sites

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