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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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Capquest/ARC & Egg - now wetcloths


santamonica
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The Statute Barred date is from your last payment so if you had been paying a DCA then that has reset the Statute Barred clock ticking again and it will be from the last payment date to a DCA.

 

Send Arrow/Wescot a CCA request for a copy of the paperwork enclosing a £1 postal order, send by Recorded Delivery, asking for one means you have no legal recourse if it ever goes further, you need a complete paperwork trail.

 

If you had a loan with Egg, then send Egg (the original creditor) a SAR request, this costs £10 but will give you all of the statements plus all copies of letters and correspondence, this way you can get the default date, the default date cannot change and should be registered within 6 months of your last payment.

Also, by getting a SAR, you can then claim back all charges and any PPI if it was applied, do not use a Company, you can do this yourself for free, if you need advise, just ask.

 

Check you Bank statements, this will show any payments to a DCA because they are made either by debit/credit card, direct debit or standing order, just for reference never pay a DCA by the first two, always pay by a standing order, that way you have complete control and stops you Bank Account being emptied by a so called "Admin Error".

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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  • 1 month later...

Hi,

 

The SAR always goes to the Original Creditor.

 

The 14 days to make a payment or arrange a payment plan are just a DCA's silly little word plays.

If you break the wording down, 14 days from when? Letter Date, Post Mark date? From when you receive it? 14 days after Arsenal win the Premier League (which could be a while away).

 

Also, because Wescot are collecting on behalf of they have no legal rights to initiate Court action.

Ignore and get the SAR off.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Share on other sites

Hi,

 

The SAR will only show payments up to the point when EGG sold the debt, if you have made (which you said you did a long time ago) payments to a DCA after the debt has been purchased by a DCA then the payments will only show on any statement that the DCA sends you or on your Credit Reference File (if it shows).

 

The CCA that you have received does not look like it is compliant and therefore non-enforceable.

To make sure, please scan in and post up, members will look at the agreement and post replies. I have copied and pasted instructions at the end of this message on how to upload, these instructions have been written by site mod DX100uk.

 

Can you not check your Banking records for details of any card or direct debit payments to any DCA's?

 

If you have not made any payments since March 2010, the account will be Statute Barred because has you have correctly said, 5 years for Scotland..

 

Stigman

 

********************************************

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

************************* ************************* ***********

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

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Please

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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