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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
      • 160 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
        • Like

Advice with this NEXT letter


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Hi all

 

My gf decided to send some CCA requests after i had done so with the brilliant advice on here and i enclose the reply she got from NEXT. I know they can send a true copy but what does that actually mean?

 

If you look, they say they enclose 3 sheets: true copy, current copy, statement of account

 

BUT there are only 2 bits of paper attached, so i dont know if thats a genuine mistake, or if they mean the true copy and current copy are the same thing??

 

My main question is, what should we do in reply- keep paying? (its currently on a DMP) or tell them feck off

 

as far as i know this would have been a next catalogue debt

 

the letter was sent to Moorcroft who must have sent it to next.

 

It seems this is a blanket letter thats not even been read: i used the template on here and nowhere does it say that the debt is unenforceable like they claim i stated??

 

thanks

tre next.pdf

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check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply.

 

a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment.

 

If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter.

 

check on this site as to what should be included following a c/a request and what is, is not enforceable.

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When was the account opened?

 

If youre unsure, the start date should appear in the credit files on clearscore and/ir noddle.

 

Pre april 2007 it must be the original

Post april 2007 it can be reconstituted

 

These dates are important

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Hi everyone

 

thanks for the replies. On the paperwork they sent the start date is 17/10/05 and also on the t&c sheet there is a small part that says " until the 24th nov 2005" so it must have bene opened before then

 

so you think they cant take this to court? ive read that by placing orders and paying for them this constitutes some sort of agreement but doesnt that matter in this case?

 

reading between the lines the letter seems to have a general tone of "we can report you to the CRA" but not much more

 

thanks

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They need the original pre 2005. They know this and hope you 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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If they havent fulfilled the cca, just ignore them. If moorcroft are involved, then the debt is likely unenforceable. However, start doing your homework. Check for reclaimable charges etc.

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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Late payments fees, overlimit fees, returned dd fees, anything that has a fuxed fee

PLEASE HELP US TO KEEP THIS SITE RUNNING

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It was stopped for bank accounts unless there is clear "financial hardship", that may give rise to a claim.

For all other account types they are still reclaimable.

 

You would need all the statements in order to establish all the fees charged, if you dont have them then a SAR would get you them from the original creditor.

 

There is the 6 yr limitation rule but this can be overcome virtue of s32(1)© of the limitation act 1980, which clearly states that the limitation period does not begin until the "mistake" was discovered by you.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Your welcome, get a SAR off to them if you dont have the statements, there are templates in the library, do not simply print and send, adapt it for your own needs and dont post the template on thread.

Include a £10 postal order for the statutory minimum fee

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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