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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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Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974


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how many of you have had a letter with a paragraph in it that states :

 

 

 

"aLTHOUGH we have been able to provide you with a copy of the credit card application and the latest terms and conditions we have been unable to obtain a copy of the original terms of the account.In view of this the remaining balance on the card account has been written off and your obligations to us under the agreement are discharged." :-D :-D

"

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This is a very interesting thread..................BUT I have one question that I would like the LATEST thoughts on.I have sent the appropriate letter to my Credit Card provider requesting a copy of the agreement.Its getting close to the 12 + 30 days now.Is it BEST PRACTICE to...............(1).........Write a second letter to them........informing them you have had no reply........if so is there a TEMPLATE LETTER ?.....................(2)...............Do nothing............................but then do you explain it all to them when DEBT COLLECTION department ring you in the evening ?.......................which they may not understand.

 

PLEASE REPEAT AFTER ME

 

THE GOLDEN RULE

"I DO NOT DISCUSS FINANCIAL MATTERS ON THE PHONE"

 

everybody with experience on this site will tell you this !!!

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This one seems to have part of the creditors signature in the debtors signature box? :o

 

 

 

At best, improperly executed = enforceable with a Court order, as a result of the signature issue.

 

Of course, there's no prescribed/required terms, so unenforceable because of s.127(3) anyway, IMHO.

 

 

 

 

This one seems to have part of the creditors signature in the debtors signature box? :o

 

 

 

At best, improperly executed = enforceable with a Court order, as a result of the signature issue.

 

Of course, there's no prescribed/required terms, so unenforceable because of s.127(3) anyway, IMHO.

 

The Secretary of State shall make regulations as to the form and content of documents embodying regulated agreements, and the regulations shall contain such provisions as appear to him appropriate with a view to ensuring that the debtor or hirer is made aware of--(a) the rights and duties conferred or imposed on him by the agreement,

Making the agreement

 

Form and content of agreements.

 

 

 

60.

--(1)

(b) the amount and rate of the total charge for credit (in the case of a consumer credit agreement),

 

© the protection and remedies available to him under this Act, and

 

(d) any other matters which, in the opinion of the Secretary of State, it is

desirable for him to know about in connection with the agreement.

 

(2) Regulations under subsection (1) may in particular--

 

(a) require specified information to be included in the prescribed manner in

documents, and other specified material to be excluded;

 

(b) contain requirements to ensure that specified information is clearly brought to the attention of the debtor or hirer, and that one part of a document is not given insufficient or excessive prominence compared with another.

 

(3) If, on an application made to the Director by a person carrying on a consumer credit business or a consumer hire business, it appears to the Director impracticable for the applicant to comply with any requirement of regulations under subsection (1) in a particular case, he may, by notice to the applicant direct that the requirement be waived or varied in relation to such agreements, and subject to such conditions (if any), as he

may specify, and this Act and the regulations shall have effect accordingly.

 

(4) The Director shall give a notice under subsection (3) only if he is satisfied that to do so would not prejudice the interests of debtors or hirers.

===================================

PAUL has nobody picked up on both the small font for the words consumer credit act 1974 (absolutely everything is in a larger font ) and also if not featuring prominently

 

section 60 is reproduced due to 60(2b)

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