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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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Defaulted HBOS AA loan from 2004 sold to Cabot


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Which DCA has the debt been assigned to ? Is it appearing under HBOS or the DCAs name on  Equifax  ?

 

Andy

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If/when Cabot do update the CRAs it will simply replace the AA entry under Cabots name....double entries are irrelevant as its the same agreement /debt but it shouldn't be entered at all as its passed its sixth anniversary.

 

First port of call is to register a notice of corrections with the CRAs and then inform either HBOS/Cabot to shift it as its over six years....settled or not its irrelevant. 

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They cant without the creditors authority....they can add a notice of correction..but not remove it.

 

Shouldn't be difficult..just because the debt was assigned is not reason to re register it on the CRA,s again ..you have proof it was defaulted in 2006 (The DSAR confirms this date ?)  and it dropped off credit files in 2012 .

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  • dx100uk changed the title to Equifax and HBOS - +6yrs defaulted but still showing **RESOLVED**

Thanks....I thought you were referring to an attachment or editing your post.....thanks for the short conclusion :rolleyes:

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  • AndyOrch changed the title to Equifax and HBOS - +6yrs defaulted but still showing *** Marker Removed***

Signed on or off the creditors premises ?

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The Consumer Protection (Distance Selling) Regulations (the “DSRs”)  have been in force since October 2000.

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This Directive was implemented in the UK by the Consumer Protection (Distance Selling) Regulations 2000 (the “Distance Selling Regulations”), which came into force on 31 October 2000.  The Regulations were subsequently amended by the Consumer Protection (Distance Selling) (Amendments) Regulations in 2005.

 

Not sure whether the earlier version 31 October 2000. covered credit/loan agreements

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  • 3 months later...

Yes...dont talk or agree anything with Debt Collectors...they are not creditors but debt buyers and have very little powers to change the T&Cs of a loan or handle any disputes with the OC...the debt should be returned to AA whilst an ongoing dispute is in force.

 

Andy

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  • dx100uk changed the title to Cabot and AA loan - Breaking Arrangement
  • 3 months later...

"independent review."  in the terms of a debt buyer means the bloke on the next desk who sits on his own and has a full desk to himself will read the dispute...as long as someone hold the papers for him.:becky:

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