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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 
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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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Lifestyle fitness - Harlands - CRS - Zinc Group


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Hi

 

I joined a lifestyle fitness gym in October 2014, my job moved (but not my home address) so I didn't want to go to that gym anymore. I cancelled the direct debit in December 2014 - without contacting them. I knew they wouldn't let me cancel so thought no point in contacting them.

 

I have since had a couple of letters from Harlands and CRS - the 'debt' now stands at £288.20. I know from research that they are all the same company. I have ignored every single letter... rightly or wrongly? I have never had a phonecall or an email chasing me?

 

Now I have received a letter saying the debt will be passed to Zinc Group in 10 days.

 

Just wondered if there was any advice on what to do next? Or just continue to ignore? I have been advised that these type of debt are not enforceable? Also, if the debt is enforceable, surely the 'debt' should somehow relate to the potential loss to the business etc?

 

Thanks in advance

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How much was this a month?

 

When your circumstances changed, did that mean that your new job and going to the gym wasn't realistic?

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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It was around £17.99 a month I think.

 

Well I quit my job under a bit of a cloud and it was right next-door to my work and my boss was a member. So yes, going to that gym was unrealistic for me. I didn't make any formal complaint about the job and manager though so I wouldn't be able to prove it.

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Argh well , if you were in contract then technically you should pay what the contract was for...

 

BUT.... Not always the case. These companies threaten you all the time and it goes no where. We dont condone debt avoidance, but at the same time, it happens.

Would you want to go back? Maybe they could do you an offer to go back and remove everything. You never know...

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Hi Rachy and welcome to CAG

 

Whether you are dealing with Harland/CRS or Zinc or their "solicitor" makes little difference. At worst, you owe for the gym fees but not Harlands/CRS silly admin charges.

 

Are the fees enforceable - only if a court claim is made against you, and won by the claimant.

 

Are Harlands (or their solicitor) likely to make such a court claim - very unlikely but not out of the question as evidenced by a current case against another CAG user. Particularly in a case like yours when you have failed act "reasonably".

 

You should have informed the gym or Harlands of your redundancy and/or work relocation. By ignoring them so far, you've made it more difficult and probably more costly but we'll help as best we can.

 

The situation with your ex-boss being a member at the same gym could well be significant.

 

Please confirm, when you left your job, how far was your home address from the gym.

 

:-)

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Hi

 

I left the job at the end of October - probably about 3 - 4 weeks after joining the gym. (I realised I joined the gym end of Sept - not in October as I put in my original post)

 

My home address is 12 miles from the gym.

 

Thank you

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Hi Rachy,

 

One further bit of info please - when you left your old job and started the new one, how far from the gym was the new workplace.

 

You have 2 choices :-

 

1. Continue to ignore Harlands, CRS, Zinc and Majorlaw solicitors and see what they do. I'm not sure how wise this is as it could result in court action even though that's a remote chance. Also, if they took such action, you could challenge it or pay the monthly fees (up to date) and avoid a CCJ.

 

2. Wrtie to Harlands saying :-

 

i) You joined the gym as it was close to your work and used it before/after work.

 

ii) When you left that job, using the gym was no longer tenable because it was too far to travel from home and/or the new job.

 

iii) Due to personal circumstances about leaving the last job, using the gym was not possible as your ex-boss continued to use the gym.

 

iv) When the DD mandate was cancelled, you should have paid one further fee and you offer to pay that now, to end the matter.

 

What concerns me is that, if you continue to ignore the letters etc, the monthly fees continue to mount right up to the end of the initial 12 months, ie September 2015.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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