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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
      • 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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Debt Management Organisation payplan


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Guest mediaseller

:mad:After struggling with no money for 4 months following redundancy I decided to contact a Debt Management Organisation known as Payplan on the recommendation of my Bank (Halifax).

 

Before any of you say well Payplan offer their services for free and so may be under resourced I don't agree since they are part of another company offering financial services and they do charge for some of their debt management solutions. Also they are regulated by the FSA.

 

A list of creditors and balances was compiled along with our joint income and expenditure as is normal and sent to Payplan.

 

Now 4 months into the arrangement a number of my creditors are claiming that they have had no payment proposal offer from Payplan although they can see payments made into the accounts which are equal to the proposed offers and last month a number of my creditors claim that they have not received a payment from Payplan.

 

According to statements which they have provided online, Payplan have taken our money and distributed it to all the creditors accordingly as agreed with us.

 

These delays are resulting in charges being applied by the creditors concerned to our accounts with them and also constant phone calls to our home upsetting my wife.

 

I have complained to Payplan by email a number of times and their response is that they have made proposals to our creditors. My latest complaint 2 weeks ago to Payplan has still not been addressed despite a threat to report them to the FSA.

 

Who is to blame here? Payplan or the creditors?

 

Staff at the Halifax have admitted that they are behind by as much as 8 weeks in dealing with repayment offers however I can’t believe 4 months can you guys?

 

Maybe there is an underlying reason for the creditors to deny receiving proposals, could it be to provide them with an excuse to slap on extra charges?

 

Has anyone else had this experience with Payplan or any other Debt Management Organisation and if so should we be starting another campaign on this subject?

 

Write back and share your experience in this area.

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Definitely creditors.

 

They claim they've had no payment to encourage you to contact them directly and try to make other arrangements. They'll try to batter you into submission and pay more than you can afford - then come the court threats, "we're sending someone round" etc, etc... It's another trick.

 

The OFT guidelines state that DCA's should not deliberately bypass a third party who is acting on your authority with the intention of making arrangements to clear your debts in a proper and affordable manner i.e Debt Management Companies. The DCA's have to provoke you into making the first move by contacting them directly enquiring about payments....then you have effectively given them the right to ignore Payplan entirely and start hassling you again. Not a good idea. I think the Payplan site will advise you of this, and it's always better to go through them.

 

DCA's hate DMP's, and can't abide the thought of people only paying what they can afford to several other creditors when you should be just paying them the full whack for a debt they only paid peanuts for. Where's the profit in small monthly instalments???? DCA's are just private companies trying to screw you for money you don't have, and they only have a very dubious claim on.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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  • 4 weeks later...
Guest mediaseller

Thanks to all who gace advice on this.

 

PS. Lafihax have setteld my charges, £1.700 in full without going to court. Yippeeee!

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