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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
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£25k to eight creditors - getting to me - help!


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For each debt

 

1) Who is the original company

2) What type of debt? EG Loan, Credit card, Overdraft

3) When was the account opened?

4) Is the account been sold to a debt collector? If so Who?

5) Rough Amount

6) Was there any PPI?

7) Credit cards - Any overlimit charges or late payment fees?

 

The first step is information.

 

So for credit cards and loans I would read up on CCA requests

I would also read up on Subject Access Requests and send one to every original company.

 

The second step will be to minimize the balances - Reclaiming PPI and charges.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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OK looks like a lot but really not as bad as you may feel it is.

 

One thing I would do is open a new basic bank account and switch bills to it. This will help stop those charges on the overdraft. THEN inform the bank that you are in financial hardship and that they are obliged under BCOBS so consider your position and treat you fairly. Back that up with a I+E.

 

Also use that I+E to work out how much you can afford to pay. Total up the debt and then total up yoru disposable income after priority debts have been paid

Devide that amount by the total debt to get amount X

For each debt you times X by the amount owed. THAT is the figure you will be paying them. See the CAG library for templates for token payments and I+E templates.

 

Some of these may be in the process of being sold to dcas which is why they show as satisfied even though the balance is outstanding.

 

VERY - Probably loaded with insurances and charges I bet.

 

In summary this will take some time to sort out but remember, noone can do anything to you or take your stuff or take you to prison. To get bailiff involved you have to lose in court first. AND if it ever came to that we have people here that can help you defend.

 

As for assetiveness, it grows on you after your first few victories, speaking from experience :)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Only a court can demand an i+e

 

what iis the balance?

 

any late payment charges + overlimit fees? ppi?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Personally as others will advise, you TELL THEM what you will be paying.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Also DX advises in 23 NOT TO SEND the I+E to anyone

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Before you use a DMP, you really should check if the debts are legit and if there are any unfair charges etc to reclaim or contest. Thats because many DMP's dont do that, and just take the creditors word for it.

 

 

Cannot agree more.

 

CCA request those Loans and Credit cards :)

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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