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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
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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.
      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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1st Credit


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Now what does this tell us?

I asked again for a CCA and the crud have once again sent me the very same letter – WORD FOR WORD - which they sent me two months ago. It states that the requested Copy Agreement doc is retained by the client and that they will arrange for it to be sent to me as soon as possible. But that is what they said in the same letter before when all I received was the badly scanned copy of the page I mentioned before on this thread. I bet they will do the same again.

Now once again their standard letter states that they will send me something called a ‘Deed of Assignment’ if I so wish and charge me a tenner for it. What is this doc – is it something different to the CCA I have requested? I don't need it do I?

Is it me or are the crud now clutching at straws in this case as they seem unable to get the OC to send me a CCA. If so I suppose plenty of huffing and puffing to come when I halt payments. They also sent me a form to sign which effectively makes me pay them tokens for the next 70 plus years but I think I shall hold on to that for the moment.

It's getting quite silly now.

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They do say ‘Deed of Assignment’ and then refer to section 136 of the law of Property Act 1925 which they say provides that the debtor is notified of assignment of the debt in writing and not the copy of the Deed itself. I feel this is all about trying to tie me in knots, or am I wrong?

Still, as I said before, they have promised the CCA 'before' and only sent me that poor single page scan, which is apparently supposed to impress me into towing their line for the next 70 years.

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It is unlikely that you will ever see the Deed of Assignment as it contains detailed information such as how little they paid for the debt but you are entitled to have a letter assidgning the debt to these mongrels

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But the querstion remains as to why are they taking so long to pull up a proper CCA which they have promised twice now.

Have you thought that the delay may signify that they do not actually have a PROPERLY EXECUTED CCA WHICH CONTAINS ALL THE PRESCRIBED TERMS

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They are the ones who have been given a deadline in that they have so long to comply with my request or else I shall halt further payments.

I mean why should I pay if they cannot prove a debt via a CCA?

And if I get to settle up with other more polite debtors their nasty tactics will have failed them when they get ignored in that process.

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i wonder when the bullying telephone threat monkeys at Worst Credit and the like will finally get the message. They threaten and bully people so much that they use this new fangled device called the Internet and discover that they are not alone. On the Internet you discover wonderful sites like this, you learn all about the CCA 1974 and 2006, The Limitation Act 1980 and now the wonderful Consumer Protection from Unfair Trading Regulations 2008 not to mention s40 of the Adminstration Of Justice Act. These of course are things that the greedy bloodsucking leeches do not want you to know about. They are not excuses for debt avoidance but merely the law of the land and the sooner Worst Credit and other alleged DCA bullies realise this the better. Hit them where it hurts - their pockets. Report them to everyone you can think of including your MP, OFT, Trading Standards and the media.

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Yes that is good stuff ODC. In the old days folks thought they had to simply do as they were told and trust any letter that came through their doors but we are now thanks to sites like this finding out about DCA trickery. As you say it is not a matter of dodging responsibilities but just about knowing one's right.

 

Still awaiting the crud's CCA and I complained over westsnot to BT who seem to have chased them off for me. Both firms have acted like bullies and I am not accepting their abuse - no way ever!

 

DCA's listening - please note that many of us respond better to respect and logic rather than to your odious threats and intimidation.

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The crud have gone to ground after my CCA request – no sign of the creeps.

Westsnot have also shown how silly they are too after all the nasty calls they badgered me with I recently discovered that the account in question was not even mine.

They are both a joke.

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It’s getting quite funny now for the Crud has now sent me THREE identical letters all saying that they are asking for their client to sent me the CCA. Why, one asks, is the client NOT responding properly to THEIR requests? Can’t they find the bloody thing or what?

The last time was when they sent me the bad single page scan, which was clearly aimed at impressing me into believing what they told me.

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Perhaps all of us folks who are still awaiting the crud to comply with our CCA requests need to ask them to give us written confirmation that they should now walk away for the alleged debts. If this cannot enforce them in court what is the point of everything else they now do?

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MH aren't the brightest. As you've already advised them that 1st crud have been CCA'd, report them to Trading Standards and the OFT.

From what has been posted by other CAGers, TS and OFT do not seem to have any clout or may be they are very reluctant to enforce the consumer rights.

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Perhaps all of us folks who are still awaiting the crud to comply with our CCA requests need to ask them to give us written confirmation that they should now walk away for the alleged debts. If this cannot enforce them in court what is the point of everything else they now do?

 

With no agreement all they can do is try to suggest it's immoral of you not to pay. Course it's just business and nothing immoral when they harass and bully people night and day to pay debts they can't even prove:rolleyes:. As BB39 says if they keep harassing, keep reporting them.

 

Send them a formal complaint when they default on your 2nd CCA request. They'll reply by sending you a letter which confirms they can't enforce the debt in court until they produce your agreement. If it's the same as mine then you'll also have the oppurtunity to take your compalint to the FOS:D.

 

Keep the letter safe in case you ever need it.:)

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It really is a very odd state of affiars indeed. The Crud originally shout and scream at you - then when we ask for the CCA they back off and get all polite. I simply cannot beleive that such a cock-eyed and silly outfit can work like this is a society that has gone so radically overboard on officialising us all so much. They must be exposed and they must be stopped. Whoever brought in this CCA request law wants a medal.

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I have sent CCA requests to 1st Credit going back to 2005! They never sent an agreement but STILL send demanding letters, CCJ threats, doorstep collections etc!

 

What can we do to stop these people writing harrassment letters, when there is no acknowledged debt??

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