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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
      • 162 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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6 Year Limit, When does it apply?


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I had a defaulted loan with Welcome Financial Services Plc, well actually i never paid one payment. The start date was 22/03/2000, as per my credit record, yet the default date was 05/02/2003. Which date should be taken into account when calculating when i can get ot removed.

 

I read on another post and i quote

 

"Account information is held by the credit reference agencies for a period of six years after the account was last active. It does appear to be the case, at least at the present time, that in addition to current credit commitments the preceding six years of an individual's credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence this historical information would appear to be relevant to the purpose of credit referencing and by holding this information the agencies would not appear to be in breach of the fifth principle"

Based on information above, i think it was a response form the Data Commisioner i could have the file removed from my record.

What does everyone think? Also shouldnt the Default date start when you last missed payment. Surely not 3 years later?

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What actually happened between 2000 amd 2003 ? If Welcome gave you that time to pay and then you didn't then they can apply the default in 2003 which is probably when they gave up trying to get the money. It's therefore right that it stays on till 2009.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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they stopped after a few months in late 2000, but i never recieved any correspondance telling me they were going to take me to court.

 

Nobody gives you 3 years to pay a debt, can they re new a default? so it stays on your account for longer and longer

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They can't re-new a default but then they haven't. They have simply lodged it in 2003. Companies chase debts for many, many years. Are you still at the same address ? I'm assuming they haven't got a CCJ against you. It seems like it may be statute barred, if it's been over 6 years since you contacted them.

Pam.

 

If anything I've said helps you then please feel free to tip my scales!

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I am still at the same addresss yes, it has been well over 6 six since i contacted them or them me.

 

Were do i stand then with regards to this, can i apply to get it removed. Or can i contact them to ask them to remove it. Since as you say the debt is statute barred.

 

What are my options

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No I have never written to them, I got a small loan out in about 1999 for £1000 to cover some debts which i paid back in full. They then hounded me to take another out with something stupid like 50% apr and £50 set up fee. Being stupid i agreed. But never made a payment.

 

Anyways, I feel that i have had this on my file for nearly 7 years it should be removed, as it does not reflect me or my credit worthyness anymore.

 

I have havent had contact with then for over 6 years, do i have to contact Equifax to have it removed or Welcome Finance

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