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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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Lowell/Overdales Claimform - old Paypal EU Credit Debt ***Claim Discontinued***


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Just confirming that I will deny mediation tomorrow morning. 

 

Also noted I was looking at the wrong default date previously, when questioning why the DN was void. The actual time period is the second default notice I received on 25/07/2019 with payment due by 08/08/2019

 

Lastly, decided to look at the receipt of the CPR letter my cousin sent out. There is no confirmation it was delivered, just that it was posted. I'm now questioning if they ever received it, since I never received acknowledgement of delivery. Would it be worth sending it again, at this stage. and getting a refund from Royal Mail if it was lost?

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As long as you have a receipt it was sent that's all that's required...not your problem if it was lost or delivered Lowell's invariably ever respond to a CPR 31.14 request anyway.  

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  • 3 months later...

Update time:

Received a letter from the courts just over two weeks ago regarding allocation to my local County Court and a letter from Overdales asking to talk about a final resolution to the matter to avoid wasting time and money.

Ignored their letter.

Today, I received a letter from Overdales saying they're stopping proceedings and sent a copy of Notice of Discontinuance.

Also received a letter from Lowell saying they've closed my account and will tell credit agencies to remove the account from their reports which will update within 50 days.

No updates on MCOL yet but imagine it'll take a few days to show up there as well.

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Discontinuance does not appear on MCOL status.

 

Good news.... topic title updated

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • AndyOrch changed the title to Lowell/Overdales Claimform - old Paypal Credit Debt ***Claim Discontinued***

There you go, as with the other paypal one, they ran away, you won.

 

Please dont forget to donate if you can.

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We don't get paid

But our hosting and server providers cost us money.

 

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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1 hour ago, rarelydarely said:

The discontinuance showed on MCOL immediately with mine

It would if the claim was still with Northampton and not allocated to your local   County Court

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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15 hours ago, dx100uk said:

There you go, as with the other paypal one, they ran away, you won.

 

Please dont forget to donate if you can.

We are free

We don't get paid

But our hosting and server providers cost us money.

 

Dx

 

Absolutely will once pay day comes. Won't forget this place.

 

Thanks to everyone for all the advice.

 

Feels like an early Christmas present.

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  • dx100uk changed the title to Lowell/Overdales Claimform - old Paypal EU Credit Debt ***Claim Discontinued***
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