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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
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Scotcall reply to doorstop visit denial


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The case you have referred to is not applicable to your circumstances.

 

 

As part of the credit agreement that you signed and entered into,

you agreed to repay the full outstanding balance and that where necessary,

the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

 

Therefore the license you state that has been revoked is irrelevant,

which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

 

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable

steps in accordance with regulatory guidance to recover such monies.

 

Please contact one of our Advisors on 0141 212 8500 who will be happy to discuss your repayment options with you.

 

 

It’s important that we ensure that any payment arrangement is affordable and sustainable for you.

I'm worse at what I do best and for this gift I feel blessed

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Standard response from them, their speak & spell is still stuck in the 1800's, send a copy of their very foolish puerile

response to the FCA along with your formal complaint, what complete dullards!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ha ha, yep, probably because they are all under the age of legal responsibility I would imagine.???

 

Hence the puerile missives spat out by their speak & spell...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ask them for the specific section of the contract that says this and where it implies that Doorstep collection will be undertaken. In short to show you a copy of hte agreement :)

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The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

 

 

 

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

Please contact one of our Advisors on 0141 212 8500 who will be happy to discuss your repayment options with you. It’s important that we ensure that any payment arrangement is affordable and sustainable for you.

 

 

Same script writer as MMF!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary, the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection.

Therefore the license you state that has been revoked is irrelevant, which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law.

We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies.

Please contact one of our Advisors on 0141 212 8500 who will be happy to discuss your repayment options with you. It’s important that we ensure that any payment arrangement is affordable and sustainable for you.

 

"If you persist in sending someone to visit, please note that my express revocation of their (mere) licence to be on my property stands.

Though I have made their lack of permission clear already, I will reiterate it to them and ask them to leave.

 

You can reassure them that they will likely be able to run faster than I can : so should have no problem leaving my property before I could catch up with them to assist them .

 

I'm just not sure that they could (equally) outrun my German Shepherd dog ........... "

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Ask them for the specific section of the contract that says this and where it implies that Doorstep collection will be undertaken. In short to show you a copy of hte agreement :)

 

ditto. as there wont be any such contractual licence. so, revocation of the general implied licence is relevant.

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they have added 2 and 2 to make 5 as far as their claim to contractual consent. You agreed to pay the money in the original contrcat and that stipulates what may happen if you dont pay. It certainly wont say that you have given a third party rights that they do not have. As there is legislation afoot to control dogs on private property you had better be training your Harris Hawk what a Scotcall rep looks and tastes like.

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they have added 2 and 2 to make 5 as far as their claim to contractual consent. You agreed to pay the money in the original contrcat and that stipulates what may happen if you dont pay. It certainly wont say that you have given a third party rights that they do not have. As there is legislation afoot to control dogs on private property you had better be training your Harris Hawk what a Scotcall rep looks and tastes like.

 

There is legislation (the Guard Dogs Act 1975) which protects those with a license to be present, and also trespassers.

 

The requirements of the Act are met if the dog is "under control" (the act doesn't define this!), and there are warning notices at each entrance to the premises.

 

I do like the bird of prey approach, though.

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in NI there are no limitations as to what you may keep under wild animals legislation. It has been known for money extortion to be done by turning up with a lion in tow. The reverse of this is letting tiddles the tiger answer the door in Derry but not Derby.

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A few years ago, a friend of mine was visited by a debt collector's "field agent" My friend politely (as he is very polite and amiable) asked the agent to leave as he didn't want to discuss the matter with him - he had paid the debt 2 days previously - the agent said to my friend that he was coming in anyway. After spending around 5 days in hospital, the field agent decided on a change of career. My friend was, at that time, a bare knuckle fighter of some reknown in the area (but obviously the agent didn't know this) The police did know him very well and took no action against him as they knew that he must have had a good reason to do what he did.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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No. We dont.

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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A few years ago, a friend of mine was visited by a debt collector's "field agent" My friend politely (as he is very polite and amiable) asked the agent to leave as he didn't want to discuss the matter with him - he had paid the debt 2 days previously - the agent said to my friend that he was coming in anyway. After spending around 5 days in hospital, the field agent decided on a change of career. My friend was, at that time, a bare knuckle fighter of some reknown in the area (but obviously the agent didn't know this) The police did know him very well and took no action against him as they knew that he must have had a good reason to do what he did.

 

 

Not a good idea one could easily come across an "agent" well able to protect himself, apart from that violence is not to encouraged.

If such a visitor refuses to leave, attempts to gain entry to a property call the police.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Not a good idea one could easily come across an "agent" well able to protect himself, apart from that violence is not to encouraged.

If such a visitor refuses to leave, attempts to gain entry to a property call the police.

 

You can use reasonable force to defend yourself & your property, but as Brig points out, that has hazards.

Best to call the police (unless you feel immediately threatened where you call the police & do the minimum you need to protect yourself). So, ideally, don't open the door to them, or open it "on the chain" - if they can't get in without breaking the chain you need not fear them, or, if they were foolish enough to break it, that would be firm evidence of why it would be reasonable to defend yourself - that they had broken in!

 

If the police try and say "it is a civil matter", note to them that you feel threatened (if you do), or your concern that the matter may be leading towards "a breach of the peace"

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