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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.
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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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BrightHouse Rep Misleading re Insurance


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If they stated it is their final response, then that is the deadlock letter. next step, FOS or court. I would use court as an absolute last step, but FOS are very backlogged right now.

Hi, renegadeimp, thanks for that. I know that the FOS have large backlogged. They, BRIGHTHOUSE, have not replied to the SAR yet, although we know they have 40 days on receipt of the request. They have taken the money for the SAR. We are thinking of a two pronged approach , ie, FOS and Court. The point is that to enable us to build a proper case we need all the documentaion from them, on info they hold, this will include all the unfair charges, and insurances that they have levied, and all original HP agreements.

 

Do you have an opinion on this, or anyone else on the site.

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you cant do both at the same time

 

FOS or court

 

not both

 

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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Hi all. if you look at the above document online 3. Cost of credit.

 

'is it compulsory, in order to obtain the credit or to obtain it on the terms and conditions marketed, to take out

 

- an insurance policy securing the credit

or

 

- another ancillary service contract"

 

if the cost of these services are not known by the creditor they are not included in the APR.

 

Well we went into store and asked for a breakdown on their five staff cover, would not give us it, so they do not know.

 

if you look at new agreement, you have to sign separately for the insurance cover. indeed they tell you if you already have cover, check to see if you need to tell them about this POLICY. They have incorporated the application for insurance in with application for credit.

 

So according to the European document they have to tell you the cost, as it part off the agreement.

Edited by Geocyper
mistake
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Hi, renegadeimp, thanks for that. I know that the FOS have large backlogged. They, BRIGHTHOUSE, have not replied to the SAR yet, although we know they have 40 days on receipt of the request. They have taken the money for the SAR. We are thinking of a two pronged approach , ie, FOS and Court. The point is that to enable us to build a proper case we need all the documentaion from them, on info they hold, this will include all the unfair charges, and insurances that they have levied, and all original HP agreements.

 

Do you have an opinion on this, or anyone else on the site.

 

It took me 6 months to get all my paper work of them when i sent the SAR, i had to get the ICO on to them! so this will also work for me if and when the day comes for court!

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  • 5 months later...
Hello Geocyper,

 

I can't see how Ann-Marie is lying as you say. I think there is confusion since the agreements before 2nd Spet 2013 the DLC and OSC was supposedly optional, and since that date Brighthouse made them compulsory whether the customer needed them or not.

 

I think Brighthouse did this since their customers were being encouraged to remove the OSC and DLC - with thanks to internet guidance and help from others. This was only a money making process, to make the 'insurances' compulsory.

 

I think you should concentrate on making a claim for the insurances paid as well as the 5 star service cover that Brighthouse has deemed compulsory.

 

The 5 star service that Brighthouse now offers is not that much. However, it can be seen in another thread on here that Brighthouse rep has in public denied a repair to another CAG user, Brighthouse has stated that their repair could not go ahead since that user did not have any insurance. Brighthouse have therefore in public stated that they are failing to adhere to the Sales of Goods Act / Supply Of Goods.

 

Further confusion could be the fact that whilst the Brighthouse reps here pay only 'lip service' and decline to comment when faced with legal facts concerning statutory legislation (eg, SOGA) - their colleagues within the store may act differently since the colleagues wages are commission based - eg, if you take off insurances, then the shop workers lose commission.

 

There are many people here who will help you reclaim the money back from Brighthouse.

 

Sorry to jump in but does this now mean if you have bought anything after the 2nd September 2013 you can't get this optional/dlc took off?

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  • 2 weeks later...

Hi helping a friend,.

 

 

They had been late making a payment,

went into store offered the amount they were behind.

 

 

They told the staff no, I will pay for what I owe on my HP payments, not any late payment charges.

 

 

They said any monies they pay, brighthouse will deduct the late payments.

They refused the offer to pay arrears. Went on about yellow money.

 

Need advice fast.

I advised her to keep the money she owes them at home,

wait for them to apply for court order,

then go to court and explain to judge, just my thoughts

 

Regards

 

Ww

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BH are known for this. They cannot refuse to accept a payment and tbey know all their charges are penalty fees and can be reclaimed.

 

Your idea is a terrible one. It guarantees your friend a ccj that the claimant can enforce.

 

Its easier to deal with things now. Read the brighthouse forum to get an idea what to do.

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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Hi, thanks for that reply.

 

 

I know what you say about CCJ.

 

 

I presume if you do not turn up to defend,

 

 

then a CCJ would be issued in default.

 

 

I have spoken to my friend about this.

 

 

I know I may be wrong here but need to be sure.

 

 

If we turned up and told DJ that we are paying what we owe on the arrears,

but not the unfair charges (they already have claim in for unfair charges.

Then the DJ would look at facts,and make DESICION.

 

They can't get credit anywhere else, sadly that's how they ended up with this shower, so CCJ ?

 

I thank you for you help

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If you admit the debt you'll get a ccj too.

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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simply pay the bill by internet webbanking portal.

 

 

they cant refuse it.

 

 

would be silly and force a cort case

they wont do that anyway

they never do court

 

 

is he getting the OSC/DLC back too?

 

 

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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