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    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
    • What is the name of the dealer please? I'm afraid that you seem to have managed to miss certain important landmarks. If a defect occurs within the first 30 days then you are entitled to a refund or a replacement at your option. Unfortunately you didn't assert this short-term right to reject and so you have lost the opportunity. After that, if a defect occurs within the first six months then you have the right to insist upon a repair and if the repair fails then you are entitled to a refund or a replacement at your option. Unfortunately you haven't taken advantage of this. The dealer has claimed that a warranty has expired. It has nothing to do with warranties and in fact warranties tend to be extremely misleading because they tend to lull you into a sense that you have no other rights. This is not true. Under the Consumer Rights Act you are entitled to have a vehicle which is of satisfactory quality – given the price, age, and other relevant factors – and that it remains in a satisfactory condition for a reasonable period of time. On the basis of what you say it seems to me that the defects are serious enough to render the vehicle not of satisfactory quality. However, you are dealing with a dealer who is clearly unhelpful. I don't know why you haven't told us who he is – but you should do. You have taken out finance and although you reached out to the finance company at an early stage, they declined to get involved. They gave you a reason and it seems that you accepted this reason even though you don't seem to understand that the finance company has no friend of yours. Your interests are in conflict with theirs. Under section 75 of the consumer credit act, the finance company is liable to exactly the same extent as the dealer is. The chances are that you may have to take one or other of them to court. You certainly need to be prepared to do so and be prepared to threaten it in the hope that someone will put their hands up – but if they don't then you will go ahead with your threat. Don't bluff. You haven't told us how much you have paid for the vehicle. Also, have you sought an independent quotation for the repair work? On the basis that the dealer is probably going to remain uncooperative then you are probably looking at several months before this is sorted out. The way to deal with it will be to be extremely assertive and aggressive and we will help you if you have the will to do it.  
    • Quick update since it's been 4 months now - they never responded to the letter I sent and the case got passed onto Zinc. They try to phone/text me probably once or twice a week, I have never responded though. Blocking the number doesn't help, seems like they have an endless supply of disposable numbers which is a bit annoying, but whatever 😑. They also send me the occasional email reminding them that I "owe" them money too. I've never received any physical letters.   That's pretty much it. For anyone who came across this post because they're in a similar situation to the one I was, there is absolutely nothing to worry about. Just ignore them. These people are powerless. They'll try to contact you endlessly and it's a tiny bit annoying, but eventually they'll bugger off. Nobody will show up at your door. Your credit score won't be affected. Their whole business is based around trying to intimidate vulnerable people into paying money that they don't owe.
    • It depends from a lot of factors: 1. Is the timing chain a serviceable item, even by visual inspection? 2. At around 50k miles i would expect the manufacturer to step in for a snapped chain. IMO they shouldn't break on an almost new engine. 3. Was the car sold as fsh? From main dealer, vat registered garage or backstreet/tesco car park mechanic? 4. Did the chain break inside the 6 months?
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Jess85

PRAC/BW Claimform - old Payday UK PDL***Claim Dismissed***

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Ok, yes thanks.

 

"Some do, some don't." Cripes.

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You are reliant on the Judge Lottery...and with this beautiful weather he/she may be itching to get on the golf course :|


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I think you need to move this thread :-))))):whoo:

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Sorry, I'm typing quick because I'm on the move, but I'll update fully later.

 

It's worth a mention though, that I didn't win based on my argument (lack of original default notice) but rather the bad-assery of the female judge who pulled apart some other stuff.

 

Thrilled and THANK YOU for inspiring me to be strong. I will of course be making a donation.

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Well done Jess

 

Thread title amended.

 

Regards

 

Andy


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So, more detail:

 

The judge said that even though they didn't have the original default notice, she knew of no reason / case law why the one that they had issued themselves, after being assigned the debt, wasn't valid. (This default notice is shown in #36 if you need reminding of it.) She went through the wording/dates etc of that with a fine tooth comb and said in the absence of the original, which the claimant had already admitted they couldn't obtain, issuing their own was valid to pursue?! I think this is an important point for anyone else reading this who are defending a similar claim as I was relying on the fact they couldn't issue their own!

 

More on the topic of a default notice though, it was then argued by BW that in this instance a default notice wasn't even needed as there was no agreement to terminate as such (short term loan) and that the DN they had issued was more a chance for me to rectify rather than being vaild to enforce the debt - they went back and forth on this over Section 87 and discussed the 'end' point of an agreement in relation to interest being added and the debt being assigned etc. Lost me a bit here, but the DJ didn't knock it out of the water it seemed that one wasn't needed.

 

It was the agreement though that was fatal due to MEM financial being signed on the agreement and that the claim was issued in respect of a debt with Instant Cash Loans (TA PDUK). They discussed the assignment of the debt in a bit of dept, but the DJ wasn't happy without seeing all the proof/debt sale agreement/deeds that these parties (MEM, ICL, PDUK) were all connected.

 

Hope that makes sense how I've explained it.

 

When summing up, the DJ did highlight the irony that it wasn't actually my singular argument about the DN that caused this claim to fail but other points that she was't satisfied with. In short, I think I came across pretty dumb and that the otherside appeared as smarmy chancers.

 

But I'll take the win!

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So I understand this right...

A loan issued under section 87 for which this loan is governed by doesn't have any agreement?

 

I'm confused 😕

 

These loans have a consumer credit agreement attached to them? So there is an agreement to terminate?

 

Either way not to worry... Well played on this one 😀

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Sec87 is soley regarding defaults and notices

A loan is not issued under 87

 

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