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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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. 
       

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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.
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      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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DMP to Full and Final - Help needed


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Hi all,

 

I really need some in help in how to tackle some old debts pre 2006 that have have been paying on a DMP with Payplan since then. I need to improve my credit file as we want to move house next year.

 

This year the plan was to slowly offer full and final settlements and get them all cleared one by one as we can.

 

I hadn't checked my credit file for ages but was surprised that my score was actually good probably because the debts are so old. But there are some that are still updating my file and i have two defaults and 2 showing payments were late but settled.

 

The debts are as follows:

 

Barclays Partner Finance (ex lewis group) not showing on file.

 

Cabot Financial x 2 ex barclaycard on file but showing as satisfactory

however the old barclaycard accounts are the ones showing settled but 6 months late payments.

 

Capital One Default on file sept 08 I suspect this default will disappear this year ?

 

HBOS overdraft not on file.

 

Link Financial (Thesis Servicing) ex student loans not on file.

 

Student Loans Co not on file.

 

London Scottish Finance Ltd showing as Hoist Portfolio Holding 2 Ltd

ex Cahoot Card default on file June 08.

 

Tesco Bank which is the biggest debt who I pay directly on an agreed amount per month.

 

I need some advise on how to go about it and what sort of settlements I would need to offer which companies.

 

Is there a way of getting the Barclaycard late flags to come off the file or do I need to wait the 6 years ? They only marked it as settled in dec 2011.

 

Thanks in advance

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firstly are you paying link/thesis & the SLC anything?

link are the biggest fleecers out there and often spoof people into paying

these students loans off when they have no legal right to any of the money.

 

i'll guess your focus is on clearing the cra file.

 

yes you are correct

if a debt has a default date listed in its SUMMARY [top bit]

the whole account will vanish from the file

on the defaults 6th birthday...

 

however, that does not mean the debt is not owed!

 

I will aldo assume that, as with ALL DMP providers

they never actually QUESTIONED, that you DID legally owe the debts?

 

i'd be firing a CCA request off to everything bar BANK ACCOUNTS debts.

sent it to WHOM YOU [payplan] pay

i'e if its a dca that gets the money - send the DCA the CCA request.

 

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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that's should keep you busy for a while

 

those that FAIL to respond within 12+2 working days

can be sent the failure to comply letter

and be stopped any payment...

 

now payplan wont be too happy about this.

cause they are funded [in around about way]

BY the banks [even though they don't charge/are a charity]

it might be in your interest to close with PP

and do a DMP yourself.

 

as you'll probably find that 75% of your debts are now gone

once the y fail the CCA request test.

 

that ultimately will leave you

with a whole lot larger warchest to get you CRA file sorted.

 

i'd for the minute

concentrate on those debts that SHOW on your cra file

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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Great ok.

 

Yes i am paying SLC/Thesis about £12 a month between them and yes when I started with Payplan debts were assumed so have never cca'd any of them.

 

Do student loans from 97/98/99 operate under the consumer credit act ? i.e. if they can't comply with CCA i can stop paying ?

 

One more question if I CCA and they can't comply and I stop payments can those that haven't already go back and default my file or mark payments as late ?

 

Thanks

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I would p'haps start a thread for this SLC/thesis debts in the SLC forum.

 

they do require paperwork yes

 

sadly, it is not a requirement for a creditor to hold a valid CCA to mark your file.

 

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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