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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.

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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.
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      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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Newman issuing court proceedings


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I have, as suggested, written to Newmans and offered them a token payment of £1. I have today received a letter from them saying I have 72 hours before they issue court proceedings. In my letter I told them I would not pay anymore until my claim against Cap One (Cap One sold on debt to Newmans) was settled. As most of the £800 owing (£600 to be exact) is charges what do you think I should do next? I was going to issue a cca tomorrow - should I still send it? Plus sparkies thread about their registered office being incorrect. (see thread Newman Debt Collection Agents)

 

Would really appreciate advice.

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Thanks for your reply. I did put that the account was in dispute in the letter offering a token payment of £1. Do you think I should still do the cca letter and also the letter about the registered office? Thanks again.

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Perhaps your mistake was to offer them the £1 payment. Write back and

tell them you are withdrawing the payment until Cap One respond to your

sar. Reiterate how ill advised it woul be for them to institute Court proceedings as the actual debt is a fraction of the £800 they are pursuing.

 

I wouldn't send them a CCA just yet. It is quite likely that they may wish to

return the debt to Cap One, and if Sparkie is correct, Newman should not

be pursuing you anyway.

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Hi and thanks for your reply. I was advised by one of the mods to offer a £1 token payment. I havent sent a SAR as I know what the charges are. Why do you think I should wait to send the CCA? This is a long standing dispute with Cap One so I think they would have sent it back if they were going to.

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Notty, Newman bought the debt on the understanding that you owed £800.

If it turns out that you only owe around £200, they may take the view that they have been misled and ask Cap One to take the debt back. If they hand

it back, your request will have been a waste of time.

At the time I suggested that, I thought that because Newmans were not

registered with the ICO at their correct address that it may be unlawful for

them to pursue you for the debt and once again sending a cca request would

be a waste of time. On speaking to the ICO today, I now know that though

Newmans have registered at the wrong address, it is insufficient to prevent

them from lawfully processing your data.

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I sent the letter about the account being in dispute and offered them a token payment of £1. Their letter from last week (before the above) said they were going to issue court proceedings. I have had a letter today saying I can just pay 50% of the debt if I reply within a week. They have also reduced the debt to £574.78. Not sure what to do next? Should I tell them I will pay them the £237 when my claim against Cap One has been settled? I sending them the cca today so maybe its best if I ignore their offer?

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Point out to them that the account is in dispute and as such, they cannot

pursue you for the debt, nor instigate proeedings against you.

You note that they have reduced the debt, but you fail to see why you

should have to pay them any more than the actual figure which you believe is around £230. However if they were to offer 50% of that as a full and final settlement you would seriously consider paying that early..

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