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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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Deed of Assignment raised AFTER CCA default?


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Hi,

 

I have an outstanding PL with HBOS for over £7K which defaulted a couple of years ago.

 

I sent them a SAR around 20th March to which I have received no reply as yet. It was difficult to work out where to send it as the alleged account started with Capital Bank, who were then bought by BOS who then merges with HBOS. As you can see they are still within 40 days at the moment although I have no idea if this is a work in progress or not as I have received no confirmation.

 

Next, I sent a CCA on 27th March asking for the usual things (CCA, DoA, default notice, statement of account).

 

Today, I have received a DoA dated 10th April which in part says:

 

"We hereby give notice of the assignemnt of the debt due to us by you in respect of the outstanding balance on your BOS account. On March 30th 2007 your account was assigned to 1st Credit Limited who are the legal owners of the debt.

All further communication must therefore be addressed to 1st Credit at...."

 

My questions are:

 

1. As I understand it, my CCA letter on 27th March officially put the account in dispute. Therefore have BOS breached a law / guideline by selling the debt 3 days later? Can I dispute this "legality" of this DoA?

 

2. Although they have quickly "knocked up" a DoA to 1st Credit on 10th April (within 12 working days of CCA letter), they still have not provided the CCA or default notice. Therefore are they still heading for a CCA default in a few days time?

 

3. Although I can send a CCA to 1st Credit, it just starts the 12 day clock again. Therefore can I persue the above two points to continue to focus on the bank for now i.e. o/s CCA, o/s def notice & account sold while in dispute?

 

4. I am already receiving automated messages from 1st Credit - nothing in writing as yet. From other posts, I get an idea of what to expect from now on...

 

Any advice much appreciated.

 

Cheers

 

Wobbles

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Hi,

 

I have an outstanding PL with HBOS for over £7K which defaulted a couple of years ago.

 

I sent them a SAR around 20th March to which I have received no reply as yet. It was difficult to work out where to send it as the alleged account started with Capital Bank, who were then bought by BOS who then merges with HBOS. As you can see they are still within 40 days at the moment although I have no idea if this is a work in progress or not as I have received no confirmation.

 

Next, I sent a CCA on 27th March asking for the usual things (CCA, DoA, default notice, statement of account).

 

Today, I have received a DoA dated 10th April which in part says:

 

"We hereby give notice of the assignemnt of the debt due to us by you in respect of the outstanding balance on your BOS account. On March 30th 2007 your account was assigned to 1st Credit Limited who are the legal owners of the debt.

All further communication must therefore be addressed to 1st Credit at...."

 

My questions are:

 

1. As I understand it, my CCA letter on 27th March officially put the account in dispute. Therefore have BOS breached a law / guideline by selling the debt 3 days later? Can I dispute this "legality" of this DoA?

 

Cannot see how they can pass it on when in default of the CCA 1974, as its legally unenforceable - def worth a complaint both to them and Trading Standards

 

2. Although they have quickly "knocked up" a DoA to 1st Credit on 10th April (within 12 working days of CCA letter), they still have not provided the CCA or default notice. Therefore are they still heading for a CCA default in a few days time?

 

Yes - regardless of what they say, at the time you sent the CCA request they were the legal owner and responsible for replying - Also, make a point of informing 1st Credit of this, whilst at the same time sending a CCA request to them , likely they will pass the debt straight back to BOS

 

3. Although I can send a CCA to 1st Credit, it just starts the 12 day clock again. Therefore can I persue the above two points to continue to focus on the bank for now i.e. o/s CCA, o/s def notice & account sold while in dispute?

 

Yes - see above

 

4. I am already receiving automated messages from 1st Credit - nothing in writing as yet. From other posts, I get an idea of what to expect from now on...

 

Again, see above, once you send them a CCA (reminding them that whether they are the original creditor or not they are obliged to supply the CCA) they will most likely back right off, if not, come back here for more advice

Regardless, keep us informed (PM me if you wish)

 

Any advice much appreciated.

 

 

Cheers

 

You are most welcome

 

:D

 

Wobbles

 

 

 

Have fun

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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