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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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Me vs Littlewoods Catalogue


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Hi all,

 

I too was supplied with a blank "agreement" from Littlewoods after my request to NDR. It was 3 days outside the 12 working days (+2) and the one calendar month. Just left it and thought - let them hang themselves - and they did! A few days later I received a default notice from NDR (thread under lxdirect and NDR). Fuming I fired off a stinker of a letter, and lo and behold yesterday received a reply from Littlewoods saying they will not pursue this debt anymore. Have now written requesting they remove any reference of this debt from my credit files. Gave them 14 days to do this. Just waiting for a response.

Had a bit of a result today re: a default I have from Robinson way (although it is registered by their "parent company" London Scottish).

Sent the same letter to them to remove the adverse info from my credit files, got a letter today saying they will do this (thread Robinson way - default removal). So it does work peeps! Keep at it.

 

Couldn't do it without the knowledge I have gleaned from this site - and the support of other CAGers, so thanks everyone!!

 

Cheers Ajjars

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Hi guys,

 

It wasn't a template letter, more a "coalition" letter! One of my own, but with lots of quotes and information from this site! I will try and post it ...

couldn't upload anything last time tho. If I get time later I will type it out tonight.

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Ok guys,

 

This is the main body of the 2nd letter. First was pretty much in the same vein, but I can't seem to find it!

 

Dear Sir/Madam,

 

Reference No.

 

I wrote to your company on 11th January 2007 requesting information under my rights under the Consumer Credit Act 1974 and under your companies obligation to comply with my request, your company did not supply me with any of the information within the prescribed timescale, or indeed at all. They have now committed a criminal offence.

 

I wrote again on 2nd March regarding this matter of non compliance and of the fact that your company were now in criminal default and giving them 14 days in which to remove the related default from my credit file, and any reference to this account. As of today (17 days later) I have not had any response.

 

I had confirmation from one of your managers that your company bought this “debt” from the original creditor. It is a widely known fact that companies such as yours buy debts at a much reduced amount then chase the debtors for payment. I have made over £800 in payments to this “debt”, which equates to around 80% of the total.

 

Therefore, I consider this as settled. As I stated before, the fact that you are not in possession of my original signed and executed agreement negates any claim that you may have/had to collect this “debt” and to register defaults against me. As you are not, and were not in possession of the correct documentation at the outset, then you have acted unlawfully in pursuing me for this money and registering a default on my credit file.

 

The default is in fact registered under London Scottish who I believe is your parent company. They have never contacted me regarding this debt. If in fact your company were entitled to register a default against me, it should have been under Robinson Way & Co, as you were the company pursuing me for money. Can it be that you do not have the necessary authority to register a default against me?

 

The fact is that your company have committed a criminal offence, and someone in your company could be liable to a large fine and/or imprisonment. I could now quite conceivably pursue this matter for a full refund of all monies paid. You know this and I now know this.

 

I am considering all my options. One of them is to reiterate my previous request to you. It think that this may be the simplest way to remove this default from my file, which is what concerns me now. You should not have placed this marker on my file. You have acted illegally. However, I am willing to try to resolve this matter, before the need to utilise the courts time. However, please be aware that if that is the only option left open to me, then it is one which I shall take. I believe the option I am now giving you is for the benefit of all.

 

I am therefore again requesting that the default entry associated to this “debt” is removed forthwith from my credit file. I am now giving you a further 7 days to action this request. Please be aware that this will be the final written communication regarding this matter.

 

If I have had no positive response from you in 7 days, then I will be contacting all the relevant authorities as stated previously and sending to them all correspondence I have regarding this matter. All correspondence I sent to Robinson Way was sent with proof of postage. I shall also be contacting the CRA’s informing them of the circumstances of the default. If this matter is still unresolved after this, then I will be filing a claim at court for non compliance of my CCA request and default removal.

 

 

Yours faithfully,

 

Got the letter within 7 Days saying they will action my request! Lets hope they do ..... or I WILL be making those complaints!!

 

Cheers Ajjars

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