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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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Anyone Successfull With No Cca No Debt


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Be interesting to find out how many of you have successfully argued, no CCA equal no DEBT and got a conformation from your lender. (just realised only 1 L in successful)

 

 

If a creditor cannot provide a true copy of the original agreement then the debt is unenforceable it does not mean the debt doesn't exist, the debt remains, lenders usually write back saying they won't be pursuing the debt anymore not that the debt doesn't exist.

 

Back to your question: i have just had confirmation that Littlewoods won't be pursuing my wife for a debt.

 

Paul

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

Winston Churchill

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Welcome Finance removed my default after non compliance with CCA, well they said they couldnt find the paperwork.

 

What asstonishes me is the fact that how slack these companies are and yet they are and have been getting away with it for years

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Just a word of warning regarding Littlewoods not pursuing the debt - they will continue to try.

Speaking from personal experience, I had the same letter just under 2 years ago, so thought nothing more. 12 months later they chase the debt, start phoning at all hours, sending threatening letters. I complained, they sent the same "we will not pursue...blah blah blah" letter.

Fast forward to now, and they've marked my CRA file as Defaulted! Am about to force them to remove it.

 

So, although these companies like to say they won't pursue the debt, in all probability, they will try to get you back somehow.

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Guest Alison82

So what happens to the debt if the are not pursuing it? will they find a way to make you pay it back?

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  • 2 weeks later...
they can't force you to pay, but instead us tatics such as defaulting etc

 

A default is a form of enforcement action.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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