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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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Harlands as CRS Pretending to be a Debt Recovery Company!!


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Hi BM,

 

Harlands/CRS has taken court action but only in one case that we've seen, over the last 5 years. That case is ongoing and the really didn't start off well, when they cited the wrong party as The Claimant !!

 

Harlands/CRS love to write long letters like this and we've seen this many times. They try to look like they know what they're on about and they also cite legal cases, etc.

 

Sticking to your case, please confirm :-

 

1.When you first contacted the gym or Harlands to confirm your need to cancel due to a health issue.

 

2. Did you do anything by letter or email so you have copies.

 

3. Who asked for proof of your health issue.

 

4. When did you provide it to them.

 

We always advise folk to challenge their Admin Fees as unenforceable penalties.

 

But we also need to work out what you DO owe, so you can pay the gym what you reasonably owe.

 

:-)

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Hi BM,

 

In my opinion, Harlands are getting way-above themselves, demanding the doctors practice stamp on the letter. I suggest they are simply trying to delay the point at which you could cancel and they apply their own take on things for their own benefit.

 

I'd use the date of your email in late February as the cancellation notice date. After that, you should have paid one final month's fee.

 

Adapt the letter here - http://www.consumeractiongroup.co.uk/forum/showthread.php?450158-Xercise4Less-Harlands-CRS&p=4774219&viewfull=1#post4774219

 

You need to say you cancelled due to health issues and the effective date is when you first told Harlands in late Feb, not the date that they want to use when they caused unnecessary delay demanding the doctor's practice stamp.

 

Draft your letter for checking here before sending if you want.

 

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Hi BM,

 

I assume you'd already cancelled the DD mandate with your bank. If not, do so immediately. This will stop any further DD's being taken.

 

Before you ignore them, I think you should offer Harlands the one month's fee you should have paid after giving notice to cancel. By doing this, you are doing the right thing,even if you make your offer valid for 14 days, before withdrawing it.

 

Harlands will not accept the offer and it is then your prerogative to ignore them.

 

:-)

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Hi BM,

 

That letter will do the job perfectly and I look forward to your update.

 

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  • 3 weeks later...

Hi BM,

 

The WILL come back with further demands.

 

They're pretty slow with their letters which is a good reason to send written mail as opposed to email.

 

Keep us posted ........

 

:-)

Edited by slick132

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  • 1 month later...

Hi BM,

 

There's just no telling with Harlands.

 

You may still hear from CRS or Zinc but keep us posted.

 

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Hi BM,

 

Zinc are just an external DCA used by Harlands/CRS. They are usually easy to get rid of.

 

Major Law are Harlands pet solicitor and they are similarly easy to get rid of.

 

Yes, the case of CRS v Federalez (one of our site users) was shambolic from start to finish and Harlands/CRS had no hope of winning.

 

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  • 2 months later...

Hi BM and thanks for your useful update.

 

I hope you've heard the last from Harlands/CRS but keep us posted.

 

Happy New Year to you too.

 

:-)

We could do with some help from you

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

 

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Thanks !:-)

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