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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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Experian report... q. on previous searches made by lenders.


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I had a house re-possessed approx. 12 years ago, was in touch with the lenders up until 1999... and made token payments for several years before reaching an agreement to settle. I only settled with a miniscule sum, but it was accepted in full and final settlement and my personal liability with the lender ended (still have all the letters stating this). They also promised to update Experian to reflect the settlement which, since there is no info. on the report, can only assume that they did.

 

However, I have just received my report from Experian and under "Previous searches", it shows that a search was made by these people only 3 months ago ! Can anyone shed any light on why they may have done this ? The application type is shown as "unrecorded enquiry". I have heard nothing from them, but am starting to think that they might contact me again and am beginning to panic in advance... :shock:

 

Where do I stand ?

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An unrecorded search does not have any detrimental effect on your credit status.... BUT.....it means that the searcher has made notes on the state of your credit status and the state of your other accounts.

If they did accept the settlement and you have record of this in writing ....then you do have a case for breach of the data protection act obtaing information without....

a) your consent

b) without a legitimate reason

 

This would be without doubt a breach of the First Principle of the Data Protection Act unlawful processing, and more than likely a breach of Article 8 of the European Convention on Human Rights ( the right to respect to privacy of home life and correspondence).

 

Sparkie1723

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The fact that they made have made notes on my credit status is a bit worrying after all this time. I have had another thought since... that maybe it had something to with an entry being removed after 6 years as settled in the credit file... but still cannot understand why they would have need to look at my account to do this. They already know who I am and my current address has not changed since I was last in contact with them in 1999.

 

I have kept all letters... the settlement was in full and final settlement and it was also stated that my personal liability had ended with them.

 

They have not asked permission to access my credit report and I am cross that they have done so. However, this was a very painful and distressing episode of my life for many reasons and I have no wish to go back there again.. This makes me very reluctant to contact them... particularly when they have not contacted me.

 

Makes me wonder... are we ever really free of any of this ?

 

Thank you for your posting Sparkie :) ... I will quote all that you mention if they ever do get in touch.

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