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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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hirer purchase £39,950


dotty
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I signed up to a hirer purchase agreement. Not Regulated - at that time had no idea what that meant.

Background:

Cost - £29,950

Interest Charged - £10,000

Total £39,950 to pay over 7 years. £470.90 per month

I've had 2 payments added to the back end of the loan & think I have £1000 - £1500 in charges floating about.

I've been told that each day my payment is late I'm incurring a daily charge. Can they take the van back even though I'm paying every month but payments are 10 days late?

Problem:

I can't get from Black Horse a real breakdown of charges, the payments that were put on the back end & these daily charges. I've asked for this detailed information on three occasions but all I get is a list of my payments. Any ideas? Can I demand this information?

Another Problem:

The following comes in to effect from April 2007, meaning, I think, that all agreements are regulated, but I don't clearly understand what I can do with this? I'm really struggling to find out but also wonder if this is not retrospective & is only applicable to new agreements once this chapter comes in to force.

Consumer Credit Act 2006

2006 Chapter 14

2

Removal of financial limits etc.

 

(1) In section 8 of the 1974 Act (which defines consumer credit agreements)-

 

(a) in subsection (1) for "personal" substitute "consumer";

 

(b) subsection (2) shall cease to have effect.

 

(2) In section 15(1) of that Act (which defines consumer hire agreements) paragraph © and the "and" immediately preceding it shall cease to have effect.

 

(3) In section 43(3) of that Act (financial and other limits relating to regulation of advertisements) paragraph (a) and the "or" immediately after it shall cease to have effect.

 

Another Problem:

If I fire off letters demanding info & disputing charges is it likely Black Horse would just come & take the van back?

 

Any advice would be fantastic.

dotty

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Yikes! My brain hurts, sorry. I'd like to help but have had a few glasses of wine and am not sure how much use I'd be :p

 

"Not regulated" as I am sure you now know, means that your agreement isn't regulated in terms of the Consumer Credit Act 1974 - I guess in this case, because the amount exceeds the CCA limit? Or possibly, because it's not a consumer contract (I see it relates to a van, so I'm guessing it's for business).

 

If you can wait till over the weekend, I'll try and have a google to see what if any law I can see over taking the van back. Under regulated agreements once you pay a certain amount/for a certain time they can't repossess the goods, but obviously it's different here.

 

And as for the legislation you've found, no generally legislation isn't retrospective in it's effect. I would guess that the piece of legislation referred to will at some point make clear that it refers to agreements entered into after a certain date.

 

MM x

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Quote=Dotty/ I've been told that each day my payment is late I'm incurring a daily charge. Can they take the van back even though I'm paying every month but payments are 10 days late?=Quote

 

I'd be surprised if they did take the van back since you are still paying every

month, which is what they want.

 

Can you not ring them and ask to have the payment date put back by 10

days as that fits in better with your cash flow budget and it would save them chasing you every month as well.

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Hello

Thank you for your replies. Yes it is unregulated because it exceeds the CCA limit. I'll look at the administration of justice act 1970, thank you.

 

I just don't know where to go with this. I don't want to have the van sold at auction for peanuts (I've been told I'd be lucky to get £12,000 at auction - that Black Horse will just take what they can get) & I'll end up with no van but still owing £20,000!

National Debt Line say that Black Horse will go after me for the remaining balance, will take it through the High Court so thay can add 8% per day. And my only option is to go bankrupt.

 

I REALLY don't want to go bankrupt. I'm trying to sort out my credit & hopefully get a mortgage next year.

 

If I pursue a charges claim with Black Horse will they simply take the van back?

 

Thanks - I'll keep you posted.

dotty

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Hi Dotty,

 

They will also add £575 to your account for the privelage of selling it on your behalf, I know it's not much compared to the overall debt, but still something you shouldn't have to pay.

 

Lees.

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Hi sequenci - yes there is the option to return the vehicle within the T&C's - but the amount I would get from a sale is far below the amount I owe.

I don't want to owe £20,000 & have no van. I can't believe that other people who have hire purchase agreements over the CCA limit have to go bankrupt.

I'm trying to find out the level of charges Black Horse have put on the account, however, they are extremely reluctant to provide this written data. I'm considering sending a DPA letter but am worried it will simply mean they'll take the van back. I know if they take it (as opposed to me giving it back) I'll incur an additional £1,500 fee.

dotty

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Send a sar off to black horse. see what happens. You will need to take a gamble one way or the other. Also if after you have sent off your sar they cause you any problems then you can easily come back to this forum. if you do not do anything now you may be to late.

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