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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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cabot/mortimer re old HBOS card debt


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Previously followed information from Dx..and stopped paying £1 per month to Cabot re:Bank of Scotland credit card..

 

as dx said ..I was being can cowed..

Cabot had offered discounts time and again to settle this outstanding debt

...have had text.

.calls and

2 doorstep calls

all ignored and now passed to Mortimer Clarke..

 

checked on the forums and this is not a PAP.

.just letter telling me I have 30 days to respond includes statement of account with all payments of £1.

..and documents for me to fill in and return as to whether I owe this debt.

 

.a questionnaire.

Info re this debt as follows...

Bank of Scotland

credit Card

Date of agreement 19/10/1999

Date of assignment to current creditor 03/08/2012.

 

What are the next steps if any should I take...

 

 

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  • dx100uk changed the title to cabot/mortimer re old HBOS card debt

i see...

yes I literally just stopped paying each of my debts the token £1 monthly which I had been doing for years..

.no CCA sent to any of them..

.stopped all token payments August 2018...

 

Robinson Way...HSBC bank credit card...£2920.50 as of November 2018

 

Robinson Way...ex T Mobile account...£149.98 as of November 2018

 

Cabot Financial...Barclaycard credit card...£2305.95 as of October 2018

 

Cabot Financial...Bank of Scotland credit card...£1407.34 as of August 2019.

 

All these are from approximately 1999.

..defaulted around the same dates if I recall.

..I had posted previously under a different name I think .

..had to re register under this name

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All these are from approximately 1999...defaulted around the same dates if I recall...I had posted previously under a different name I think ...had to re register under this name... previous name....stevetorro

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All these are from approximately 1999...defaulted around the same dates if I recall...I had posted previously under a different name I think ...had to re register under this name... previous name....stevetorro

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All token payments were ceased in August 2018... not 6 years ago ...so I will just CCA to all...what if anything will this do...?...I understand that they will not have or be able to provide any documents from this length of time

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  • 2 weeks later...
  • 2 weeks later...

Yep.... received letters back from Cabot..they need to contact original lender  for copy of credit agreements...this may take some time but will write to me within the next 12 days  with an update..Thier letter sent/dated 21August 2019.

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Reply today from Cabot their letter dated 31 August 2019...

we haven't been able to provide you with the information you have requested your credit agreement is unenforceable until we are able to reply to your request.

 

This means we are not permitted to obtain a judgement against you in court.

 

Balance is still outstanding and while we cannot bring legal action against your account we are able to ask you to repay this amount you will still receive letters and calls asking you to pay.

 

Result ?

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Reply today from Cabot their letter dated 31 August 2019...we haven't been able to provide you with the information you have requested your credit agreement is unenforceable until we are able to reply to your request.

This means we are not permitted to obtain a judgement against you in court.

Balance is still outstanding and while we cannot bring legal action against your account we are able to ask you to repay this amount you will still receive letters and calls asking you to pay.

 

Result ?

 

Your advice as usual was invaluable...many thanks...as yet nothing from Robinson Way

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