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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.
      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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CRS/harlands problem


dh567spire
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Hi,

ive been following

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?424491-Harlands-and-Xercise-4-Less

 

 

to help.

 

i cancelled my direct debit and also sent 2 cancellation emails to xercise4less via their website as i was moving further than 50 miles away from the gym i was paying membership for.

 

As i cancelled the DD before sending the cancellation emails, the only response i got to the emails is that my account is in default and i must pay it.

 

I assume they then sent various letters to my old address as on the letter to my new address they said they had added admin fees for me not replying to their letters.

 

I replied with the following:

Dear Sir or Madam

 

I refer to your letter of 24 august 2017 received 30 august 2017 and our subsequent phone discussion.

I have already forwarded my cancellation emails with xercise4less where I request to cancel membership twice.

Also please find attached proof of address.

 

In addition I cancelled my DD mandate on 19/05/2017 and this was adequate notice of my cancellation of the gym agreement as per High Court judgement from the case of The OFT v Ashbourne Mgt Servcies ltd in 2011.

 

I now realise i should have paid one further months fee for the notice period and am willing to offer you £9.99 now.

If you confirm in writing within 14 days that you'll accept £9.99 in full statement of all amounts due, i will pay it promptly.

If you fail to accept my offer within 14 days, or if you demand any admin or cancellation fees (unlawful penalties), my offer will be withdrawn and i may ignore further demands from you and/or harlands/xercise4less.

 

Such reports may be reported to Trading Standards

 

Yours faithfully,

 

They then replied saying the same thing pretty much saying my account is in debt.

They also said my proof was 4 months late as in my original emails i only said i was moving location but not where to, which is true, but if they needed extra proof why didnt they say this instead of declining my offer and saying i owe them money!?

 

i replied saying please refer to my statement about Office of Fair Trading versus Ashbourne Management Services Ltd.

 

They then replied saying in 6 years nobody has ever found that in the case that cancelling a DD is sufficient and they are saying if i can find it please let them know otherwise i still owe them £121.

 

Im in a bit of a pickle, should i just ignore them??

 

thanks,

Dom

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yes!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DH and welcome to CAG

 

Please see my PM to you and reply.

 

If they've failed to accept your offer to pay the month's fee for the notice you failed to give before cancelling, that's THEY'RE problem, not yours.

 

If they are now writing to you at your new address, ignore their further demands. If they're writing to your OLD address, you need to tell them to use the new one or you'll complain to the ICO.

 

Stay OFF the phone completely with Harlands/CRS and don't use email to fire back and forth. Just let us know what they do next.

 

:-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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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  • 2 weeks later...

begging..powerless idiots

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DH,

 

You're absolutely right to ignore them now.

 

Keep us posted though ..........

 

:-)

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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  • 2 months later...

Tough ignore

They are not bailiffs

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you'd read other threads, you'd have learned that Zinc are the external DCA used by Harlands/CRS when you ignore them.

 

Ignore Zinc and they'll give up quickly and pass the matter back to CRS, who you'll continue to ignore.

 

:-)

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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  • 3 weeks later...
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