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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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Too Strong v Barclaycard


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Just received a letter today from Barclaycard stating that they are willing to refund all charges of £145 but not any of the interest. Which isn't bad I suppose for my first letter. The problem is that they say that they are not willing to get rid of the Default as it has nothing to do with the charges as they only put them on your file when "the relationship between Barclaycard and the customer has broken down, such as when a minimum payment or payment persuant to an arrangment to pay is missed".

 

My questions are

 

Has anyone else had the same reply?

 

Has anyone had a default removed by Barclaycard?

 

Thanks

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Hi Too

Welcome

I believe provided you can show that the application of the penalties caused you to default then yes you can ask for the default to be removed.

Could you possibly post your cirumstances on here and more people will be able to help.

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Hi Too

Welcome

I believe provided you can show that the application of the penalties caused you to default then yes you can ask for the default to be removed.

Could you possibly post your cirumstances on here and more people will be able to help.

 

AL:)

 

Hi, I have looked at my experian file which states that there was an agreement in place at the time which I couldn't keep up to. So an agreement was definitely broken.

 

At the time my credit limit was £500, when the default was put on my account it was over £700.

 

All of the money over the limit was made up of charges.

 

Almost forgot, Barclaycard have also failed to respond to my CCA request, which deadline ran out over a month ago

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Ok then write back and say you accept there offer of the refund but also want the removal of the default, which was the result of the penalties applied to the account, and your claim, you feel, will only be satisfied in full when your Interest is paid and default removed. If they are not prepared to do this then you will continue your legal action.

Re CCA, did you allow them 12 working days (default)then a further month(criminal offense) if you did i would write to TS and OFT (both have complaint procedures.

You could now stop paying Barclaycard as they cannot enforce the agreement, this must be a decision that can only be made by yourself.

 

AL:)

-------------------------

CAPITAL ONE * SETTLED*31st Oct 06

HBOS *SETTLED* 8th Oct 06

WOOLWICH *SETTLED*12thJan2007

Monument (Barclays) *SETTLED*10thMar2007

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Ok then write back and say you accept there offer of the refund but also want the removal of the default, which was the result of the penalties applied to the account, and your claim, you feel, will only be satisfied in full when your Interest is paid and default removed. If they are not prepared to do this then you will continue your legal action.

Re CCA, did you allow them 12 working days (default)then a further month(criminal offense) if you did i would write to TS and OFT (both have complaint procedures.

You could now stop paying Barclaycard as they cannot enforce the agreement, this must be a decision that can only be made by yourself.

 

AL:)

 

The account is an old one which is closed. The CCA is well overdue by at least a month, so I will make a complaint.

 

I will send them a LBA tomorrow stating what I want.

 

It is amazing me how far these companies will go to not to get rid of a default even when clearly they are in the wrong.

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