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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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control debt solutions and an IVA - owe more now then when i started.


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Yesterday i recieved this:

 

Dear Sir/Madam

 

1st Credit Ltdisattempting tocontact the above named regarding a personal matter.

 

Your address has been suplied as apossible address for our subject who was previously resident at:- (previous address)

 

Please contact our offices immediatly on our telephone number 0870 164 20 56 and quote the above 1st credit reference number at which time further information can be provided.

 

if you are not the individual we are attempting to contact or have information that may assist please call us at your earliest convienience. on telephone number 0870 164 2056, in order that we may correct our records.

 

If no responce is recieved within ten days of issue we will assume that you are the individual we wish to contact and will of course ensure that all relevent correspondance is sent to you

 

Yours faithfully

 

1st credit ltd

 

so they assume that just because you may not respond that you may be the individual concerned this is taking the p"@##, even by worst credit's stance.

 

So If I write to first credit thus

 

 

Mp Plumbers

1 any street

any town

somewhere in england.

 

 

 

Dear mr worst credit,

 

I have been informed by one of your employee's that you have a problem with a leaking tap in your toilets and this may present a a slip hazard.

 

I will be along to deal with this leak within the next 7 days. If this is not the case please contact me immedietly. should you not respond within the next 7 days then I will assume that you accept my visit and, will attempt tp fix the problem and charge you accordingly for my visit whether the problem has been resolved or not

 

 

 

yoyrs faithfully

 

m.r plumber.

 

 

You might think that this response is a little bizzarre, however its the same tactic that first credit are trying to employ

 

ahahaahahahahaahahah thats well funny

 

to be honest ive just ignored them, got that letter weeks ago nd havntheard a word since :D

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just got this about in control:

 

 

From your email it appears you wish to report the poor service you have recieved from a debt management company, plus determine what your next course of action should be in order to obtain a refund from the trader for the fees you paid them to pay your creditors. You believe that they have mis-sold you the service they could provide and are still advertising services on their website that they do not habe the capacity to provide.

Based on the information you have provided the key legal points in response to your enquiry are as follows:

 

Firstly I would like to confirm that as any misleading advertising or information supplied by a trader to a consumer is potentially a breach of the Consumer Protection from Unfair Trading Regulations 2008, the information you have provided will be passed to Liverpool Trading Standards for further consideration and, if

necessary, further action.

Under the Misrepresentation Act 1967, a representation is 'a statement of fact, made during pre-contractual negotiations; as an inducement to enter the contract'. If you later find out that this statement of fact is false, you may be able to seek damages, rescission (put back into pre-contractual status) or an indemnity for any expenses.

 

The burden of proof will be on the consumer to prove the trader has misled you, and that this was used as an inducement to enter the contract. You will also have to be able to prove what losses you have incurred from this misrepresentation.

 

Therefore in order to obtain the proof you require about the the false statement of facts made by the trader, you would need to acquire all the paperwork realting to your contract with them and your creditors. At this stage you should send the trader a recorded delivery letter, formally making a 'Subject Access Request' under the Data Protection Act. The trader can charge you up to £10 to cover any administration costs and have upto 40 days to provide all information they hold on yourself.

 

Once you have obtained this information, we would then consider referring the case to your local Trading Standards for further advice and, if possible, assistance. To do this we would also need your telephone number, so Trading Standards can make contact with you.

 

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isnt t wird how halifax have told me im in the wrong and there in the right yet they havnt taken the charge out :D

 

Theyve taken the charge out today. which has left me overdrawn and is going to take half my benefits. they were meant to charge me yesterday and didnt.:mad:

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'Judgment'? 'Oustanding Balance?'. Jesus - who do they get to draft up letters like this?

 

And yes, it's a direct threat. It's saying 'we will take immediate action' (I note the bit about bailiffs is 'MAY be instructed'), and contains several other OFT contraventions to boot.

 

The box about additional costs is entirely irrelevant - if it got to court, a judge would decide what costs to impose, not them!

 

BTW - cross the details off that scan a bit more, they can still be read.

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whats a LBA?:confused:

 

Whats annoyed me i sent cap 1 a letter offering to pay a fiver a month which was more than the dmp were paying them. The first one was ignored so i sent it again. Then they sent me the "we need a sig.." which seems odd seeing as i was offering to pay them. So i sent them the you dont need a sig letter and theve gone straight to a DC. It seems they were planning to go to a dca before id written to them and wanted a sig to fake documents maybe :confused:..

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Antiquis temporibus, nati tibi similes in rupibus ventosissimis exponebantur ad necem.

 

In the good old days, children like you were left to perish on windswept crags.

 

 

Fred do not be so foolish.

 

 

 

The best regards Lilly White

 

 

:confused::confused::confused:

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