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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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cca - how long to reply


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Has postal order been cashed? Time scale for CCA is 12 working days and they are in default, another 30 CALENDER days and than they will be commiting a criminal offence and you can take them to court.

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Did you send the request recorded delivery? If not check the postal order's been cashed, where and by whom. If this was crossed and made payable to the debt collector this is quite easy but the Post office will charge a fee.

 

The debt collector has 12 working days to supply a signed, true copy of the credit agreement they claim exists and which they claim is in arrears hence their contacting you for the money. They must also supply a statement of account and proof of their right to collect.

 

If this is a catalogue matter the likelihood is no signed agreement exists.

 

No documents within this 12-day period means they cannot enforce their claim with persuading a judge (ie court action). If they still don't produce the documents a calendar month later they have committed a criminal offence. It makes the likelihood of their taking legal action even less so.

 

If the debt collector contacts you during the 12-day period trying to mase you pay up that is against OFT guidelines (not against the law but still a black mark). Log it and wait.

 

You cannot take legal action against them unless they add inaccurate information on your credit files. If they do and they don't remove it you could issue a claim against them for damages. The Info Commissioner, after a formal complaint is made, will force the debt collector to remove it.

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  • 1 year later...
Has postal order been cashed? Time scale for CCA is 12 working days and they are in default, another 30 CALENDER days and than they will be commiting a criminal offence and you can take them to court.

 

That would be up to the regulatory body which is the OFT and Trading Standards, and in any case, the breach would have to be repudiatory for TS to take any form of action.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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