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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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Halifax and moorcroft dca - after 9 years!!


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Just ignore Moorcroft or any debt collection agency. It would be up to Halifax to take it further if they could.

 

Under Council for Mortgage Lenders rules, if the Mortgage lender does not make contact for 6 years to chase such a shortfall debt, then I am not sure Halifax can take this forward. This is nothing to do with limitation act, but something mortgage lenders agreed to.

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because its been assigned by halifax ? does this make it enforcable? in other words can they take me to court .

 

Most Banks don't employ that many debt collection staff because the cost would be far too much. Instead the debts are assigned out to DCA's after a given period. With Halifax what seems to happen is that they pass debts to whichever DCA they have contracts with at the time. The DCA will then attempt contact over 6 months or so and if no joy pass it back to Halifax. Halifax may eventually pass it over to the Solicitors they use Shoosmiths, who will write out, but not very often. In the cases I have seen reported, they send a few letters, then give up and a year later more letters. I suppose this is because they have thousands of such debts and cannot spend the time doing much with each case.

 

It think it will always be Halifax that authorise any court actions. I cannot remember seeing them sell on a debt and a new debtor has then taken court action. As dx says, generally OC's don't do court on such debts. If you think about it, if someone has just lost a house through repossession, it is unlikely that much money would be obtained through a CCJ. I doubt a creditors costs would even be covered.

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We could do with some help from you.

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