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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
      • 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
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capitalone/debitas


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Hi I have a credit limit on my card of £400 and due to late payments etc this has spiralled with charges to £800 which I just cannot afford I must have paid the original debt 100 times over. My account was passed on to debitas who really are vile obnoxious people I have been paying them 72.50 per month since about march on the first of every month. i have altered the standing order payment from the 1st to last day of every month so they are still getting a jan payment at the end of the month instead of the beginning. i have just had a very threatening phone call from them which has upset me and frightened me they are just making mega bucks out of me please advise me what to do.

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Hi Twiga,

Firstly, don't let these people frighten you. The best advice I can give is to go and have a look at the Debts and Bailiffs forum.

 

It is up to Debitas to prove that you owe them the money.

 

There is a letter you can send to them which forces them to prove it. Its based on the Consumer Credit Act, and its known as the CCA letter on this site. A template for the letter is in the stickies at the start of the Debts and Bailiffs forum. This letter states that they must send you a copy of the original agreement between you and Capital One.

 

Basically, you send them this letter, amended for your details along with a £1 cheque or postal order. This at least will buy you some time to read more on this site and become more informed.

 

There is another letter you can send which demands that they stop phoning you and deal with you only in writing. I'll post the links to both letters.

 

 

Spotnot

Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

When you win, donate!!!

 

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Hi Twga.

 

For the best advice for your problem, you need to re-post this in the Debt and Bailiffs forum, where you'll find the answers that you need.

 

Click on this link for DEBT AND BAILIFFS FORUM...

 

Good luck.

Regards, Rooster.

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ok

 

This is the letter to stop the phone calls.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

And this is the link to the CCA letter.

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Scroll down to letter N.

 

Once you have sent these letters off, you can then tackle Capital One over their charges. You will find that any debt you may have is much less than you think.

 

Capital One have paid out nearly £100,000 to members of this site. Look at how others have done it and soon you'll be just like them!!

 

But firstly, get Debitas off your back. That is the priority just now.

 

Good luck and let us know how you get on.

 

Spotnot

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Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

When you win, donate!!!

 

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