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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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Distance Sale?


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Ah funnily enough they have just replied through email. 

"We have discussed this with our legal team, and looked at all of the information regarding the purchase of the

vehicle. Whilst you did pay a deposit remotely for the Vehicle, you had a representative visit our premises who did

inspect the vehicle on your behalf before delivering the vehicle to yourself under your instruction and paid for by

yourself. Furthermore, we confirmed through telecom amongst our many discussions before you paid the holding

fee that the holding fee was fully refundable, your representative informed you of any damage to the vehicle or

indeed if you were to change your mind and not want to go ahead with the purchase for any reason. The above

means that this sale is not classed as a ‘distance sale’"

 

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25 minutes ago, Beddz said:

Whilst you did pay a deposit remotely for the Vehicle, you had a representative visit our premises who did

inspect the vehicle on your behalf before delivering the vehicle to yourself under your instruction and paid for by

yourself

is this true.

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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if thats all you did, them IMHO that doesn't cut the mustard, as they were not instructed by you to check the vehicle first and reports back. and of course no test drive either.

trying to pull a fast one me thinks.

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

I mean the contract was already concluded by then.

They even know the delivery company as they have dropped cars off etc.

I mean of course I'm going to want to know if there's any damage on the car before it leaves them? That's normal, I did ask if he "normally" walks around the vehicle as part of his service and he said yes.

End of day they admit I paid a deposit off site, the phone call they refer to was me asking how long the warranty was. Not one mention of rights to cancel/t&cs relating to distance selling

Sent a new letter to the dealership in response to them rejecting my cancellation under Distance Selling Regs, stating the reasons why this is a Distance Sale, and even quoting the regulations and that I will issue court action if needed. And they are now referring back to the legal team ......

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been told not to tell us?

would help other reading in the future esp on the 12mts extension due to not being told at time of purchase?

did that play a part 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... 

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Share on other sites

Well tbh with everything I've got going on atm I didn't  fight it.... I highly doubt his legal team is going to agree with giving me all a full refund so .... 

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not bothering then at all..

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

I want too, cos I know technically the law is on my side... But all he has to do is turn around and say legal team doesn't agree etc etc, then I've got to go to court to prove it and it could end up a right mess 

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ok well pers i dont think they have a leg to stand on and i very much doubt there is a legal team at all unless they are a very big corp.

more likely slipped people like lawgistics a few quid to get advice he wanted to hear only, as thats all they do. 

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

probably what they always say.

if you are going to go nuclear you'll have to send a letter of claim first.

who are these jokers??

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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why not the law is on your side.

text?

you should be using royal mail only.

£37K..blimey...

 

 

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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I just sent a WhatsApp tonight saying I just want to forget the whole thing and move on so..... I've got baby due soon and other stuff going on, thought it'd be pretty straight forward but the legal team stuff worries me idk why 

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