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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
        • Like

Evans Halshawe/Moneybarn - sold unsafe car, won court case, but finance stood, i'm appealing this - need help with N161 by 15th Nov


Moneybarn victim
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who led you up the path of you'd get consequential damages of +£10k? you won't ever.

i would simply go for getting the agreement voided.

 

dx

  • I agree 1

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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which is ALL nothing to do with your agreement/relationship with moneybarn, they did not sell you the car.

that would be for you to take the dealer to small claims under separate claim.

if you want to follow that guy later and do that ....well that's your call.

 

your losses are NOT MB's problem hence the judge whom was correct in what he did..(via you misdirected claims), did not concentrate and also void the agreement. the fact MB latterly sold it at action etc etc is none of your business.

 

your only course of action against MB might be to void the agreement - i'm not even sure you could launch a limited appeal to do that.

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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Share on other sites

sorry you are wrong on all fronts here.

 

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... 

Link to post
Share on other sites

where does anything in the consumer credit act say that under an hp agreement a finance company purchases a vehicle and then resells it to you?:crazy:

 

the seller , the retailer, evans sold you the vehicle.

 

sorry but for almost 4 years is it? you've been allowed to continue along this path? not once has anyone said... no dice ? that is what forums are for..

you've never actually interacted with any human being thats corrected you at any stage?,

but simply found stuff on the net that you think fits your narrative...and off you trotted..

 

to be blunt .

using your mental health or other issues is yet again, in yet another thread here, is being used here as an EXCUSE for doing thing WRONG when you knew all along you were not right in your actions. :frusty:

 

sorry but i don't pull punches...but i hate finance companies and DCA's , but in this instance this might be a hard pill to swallow.... but at some point, once you actually interact with real people, they must bring you the reality of your situation you've led yourself into.

 

i cannot believe that not once has any org, authoritative body or person , has ever said this truth to you...

 

i just can't believe after 4yrs of obviously searching the internet, you not once found information contrary to your actions time and again at each stage. but carried on.........

 

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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Share on other sites

:crazy:

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... 

Link to post
Share on other sites

we will say this one more time only.

 

where does anything in the consumer credit act say that under an hp agreement a finance company purchases a vehicle and then resells it to you?:crazy: it does NOT. neither does a recorded phonecall with MB stating otherwise. they have not a clue ever what they are saying or doing.

 

the seller , the retailer, evans sold you the vehicle. they are your target for everything else but you won't ever get £10k...

 

use your appeal to try to get the hp agreement with moneybarn voided.

 

the end.

 

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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Share on other sites

are not liable... not or liable

 

@Andyorch has already clearly pointed to the relevant section. 

NOT a credit card payment ... so section 75 does not apply 

 

and has quoted the only other relevant section 132 already...

 

:crazy:

 

 

 

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... 

Link to post
Share on other sites

where does it say they are? it does not.  its an hp agreement .

if it aint in black and white in something dont try and invent poss scenarios whereby it might

a judge has told you no.

the fos told you no.

 

the retailer is your target. under your consumer rights.

but you need to get mb  to cancel the agreement

 

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... 

Link to post
Share on other sites

black and white means something exists or it doesn't.

 

the consumer credit act states what the act covers, not what it doesn't cover, so obviously no-one can quote in black or white where it says you can't claim (+£80k) consequential losses under an HP agreement from the creditor because it doesn't say you can.

 

although we have not seen the FOS decision letter, even if they had had all the info, they would not have adjusted their decision to include your £80k consequential losses. they would have referred you to approach the retailer directly under the consumer rights act 2015.

 

however, they most certainly can make a decision upon if they think the finance org holds some responsibility, which they did, and suitably decided upon that, you refused the decision outright, p'haps wrongly thinking that would be the total end of all you could do in your situation.

 

it erks me this has been going since december 2018, now nearly 4yrs later. things would have been i'm sure so so different if you had come here long, long, long ago and we as a team would have been able to guide you to a better and quicker resolution position than you currently face today.

 

as much as i would love to get one so big over on moneybarn/provident, as you'll see i absolutely loath them with 20yrs history... pers i think i would drop the appeal and start again ....going after the correct target, the retailer using the consumer right act and consumer contract law.

 

and i'm sure the whole site team and members would assist you in the above...i will. you never know, MB might become get damaged in the collateral shrapnel of such a big explosion. evans-halshawe + their other trading names make them a very very big and vulnerable target to hit and rarely have bad press, possibly by design and could settle quickly, but i will also say you might need to reduce your targeted figure.

 

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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Share on other sites

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