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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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Perfect Home Advice Product Not Received


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Hope I’m posting in the right place. I’ll try not to ramble too much. In April I ordered a bed frame and mattress from Perfect Home. The delivery men came and delivered the mattress and the frame in the box. They told me they’re not meant to leave it in the packaging but they would if I wasn’t ready to put it together.

 

They left it in the box in my hallway. After disposing of my old bed I opened the box to see that only the headboard and footboard were in there. I called them the same day to tell them that there was no slats or sides to the bed. They apologised and said it had never happened before and that the delivery company would call to arrange on the coming Monday. They never called.

 

I called back a couple of times and got told they’ll call back soon. Nothing. They took automatic weekly payment from my account x2 before I cancelled the direct debit. They started sending letters of arrears and home visit letters. I caught the representative at the door and told him and said I’d like them to take the product back as it’s useless to me if not complete. He apologised profusely. Removed arrears charges. And told me I’d be contacted to have the rest delivered by the next week. I agreed.

 

 

It never came. He visited again in end of June/early July. Same thing. About a week after that the slats were delivered. Just the slats. Nothing to attach them too. So still useless and incomplete. I sent an email to customer services that wasn’t answered. So I thought I’d wait for another home visit. I received numerous texts saying I was in arrears and someone would be visiting the next day. I waited in several times even though my father was having emergency spinal surgery and no one came.

 

 

8 days ago I sent a 3rd email of complaint. Specifying that the product was still useless and that I can’t owe arrears on a credit agreement that is void. I dont know how they expect me to pay for a product I don’t have. I asked for a reply in writing either by post or email within 7 days or I would have to take it further. I got an email back saying apologies they’ll transfer it to arrears apartment they can’t deal with it because I’m in “arrears” but it is like

To make a payment... blah blah.

 

As of yet. Still no reply but I’ve received their usual ‘your account is in arrears’ text. I have been sleeping on the floor since April. The parts of the frame I do have are taking up space in the house. I have mental health problems and this is putting me under so much stress. My credit score has gone down as it shows I’ve defaulted.

 

I’m sorry I couldn’t make this more concise. Thank you for reading. Please help I don’t know what to do next.

Edited by fkofilee
Cleanup / Drugs
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Non delivery does not void the agreement

You should ideally not have stopped paying as your protest

 

Write and complain to the CEO

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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I would think that they have poorly performed.

You shouldnt have a default for something like this. I think a contact with the CEO is in order...

 

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I’d rather get a CCJ than pay for something I haven’t got. Before I cancelled my payment I had made several phone calls and emails that were ignored.

 

Also, when you place an order on the site.

It says your first payment will be taken after delivery of the product.

The product wasn’t delivered.

 

The bit that was is still in the packaging and I’ve asked either for them to collect it or send me the rest. They’ve failed to do either. If my only option is to continue being in arrears till I get a CCJ then I just wanted to know that.

 

I would’ve paid 28 weeks + by now for something I don’t have if I hadn’t cancelled the direct debit.

 

 

Oh also just to mention the guy who I saw at my front door twice said to me “trading standards would have us” and “don’t make a payment until you’ve received it”

Edited by Andyorch
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OK well CEO time.

 

PH wont do a CCJ they'll sell the debt on to a powerless DCA who might, but prob wont win when the judge hears this story.

 

dx

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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Share on other sites

OK well CEO time.

 

PH wont do a CCJ they'll sell the debt on to a powerless DCA who might, but prob wont win when the judge hears this story.

 

dx

 

Thank you for your help. Is that the CEO’s email above?

 

Looking on the financial ombudsman site under the good on credit when can we help section there’s this:

 

the goods or services were purchased under a credit agreement specifically arranged for the purchase of these goods or services. Credit card payments will not normally be covered by section 75A,

the credit agreement is within the scope of the Consumer Credit Directive, but outside the scope of section 75;

 

the amount of the credit agreement is not more than £60,260; and

 

there has been a breach of contract by the supplier, involving the goods or services not being provided at all, only being supplied in part, or not being supplied as specified in the contract.

 

 

If I don’t get a reply after emailing the CEO would it be worth contacting them?

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section 75 applies to credit cards

this is a revolving loan not a card.

 

TBA id get away from them

you pay 3 times the goods value over time and their int rates

save up

much better way!

 

yes that's the email [remove the spaces in it mind!]

 

don't waffle

short one line bullet points in dated in time order

I page MAX else it will end up in the bin!! not read.

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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Share on other sites

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