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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
      • 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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Citi Cards Address ***UPDATED NOVEMBER ***


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However, the DCA tried to collect the full amount, thereby making a nice profit. :

 

 

DCA's are in business to make a profit, what they buy the debt for makes us feel they shouldn't get full whack but to be honest it's non of our business ( and I am no lover of DCA's believe me) that is down to the banks bad negotiating and the DCA's good fortune. They probably only pay about 7-12% of the face value but that's just good business. We can use that knowledge best by negotiating full and final settlements knowing that as long as they pick up a relatively reasonable profit they will do a deal.Whatever it ends up as it'll be less than you owed in the first place so there's the benefit. They love the £5 or £10 a month merchants and they use their mind blowing arrogance and deceipt to frighten the living daylights out of most people knowing most people will buckle to their intimidation. This site is helping people take them on at their own game by using what they ignore - the law!

 

So don't be too angered by what they might have paid for the debt, use your loaf and get the CCA requests going because they are nototiously bad at having all the correct paperwork in place to enable them to collect these debts, they play on our ignorance, they have little knowledge about your rights to restrict telephone calls from them Communications Act etc. and they don't like it when you stop their harrassment tactics by using the law so get them that way and you'll find you'll win.

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Andrew1, am I correct in thinking that you are saying that Shovey should go after the DCA for the refund of penalty charges? Penalty charges have been applied by Citi Cards and it is they who should be made to refund them whether they have sold on the debt or not.:|

 

 

 

 

It's an interesting and debated point although what Martin has said above is true, you should go after the bank, it seems to be what most are doing. - I haven't really had the time to follow the thought-trail of what was initially discussed earlier on the site ( way back!) that when the debt was sold the buyer (dca) took with it the responsibility of the contract and therefore should repay the charges also. Martin might be able to throw some light on it though. My citi card debt was sold on to Cabot and they have fouled badly by not responding at all to my CCA request but my claim for charges is being levied at Citi - still at the fob off stage! I can't see cabot paying them although going by the Lick the Wall fatboy experience in N.Ireland it might be a better option just now.

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Andy the contract between you and the bank effectively becomes void once the account is closed.

 

.

 

Martin, Tinks is going to give us a hard time if I respond to this but maybe she'll move us somewhere else ;)

 

If the contract becomes void, you are saying that with the debt being sold NO part of the contract passes to the DCA? I can't remember exactly how it was explained previously, but I was of the opinion that some the contract responsibilities passed to the dca in some form or another.

 

I'm okay with the Default bits that's no problem.

 

Anyway I'm off before Tinks comes back ! :D

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I would imagine the only contract that exists would be of that between the bank and the dca.

 

You certainly would not personally be any part of the contract.

 

 

So effectively what you are saying is that as there's no personal contract between the DCA and the debtor the dca shouldn't be responsible for paying back the penalty charges made by the bank.

 

Therefore, what comes with the deed of assignment then? I don't have a contract with the dca so why should I pay them?

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