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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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djdave vs Cabot


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  • 3 weeks later...

The Cabot Financial Group is NOT the assignee of the account. That dubious honour belongs to Cabot Financial (UK) Limited. And what's all this bollix "the original copy may not be available to Cabot via Barclaycard. Barclaycard has supplied Cabot with a copy of the original"????

 

Either they have or they haven't. It certainly does not satisfy all requirements, the nonsense they HAVE sent you.

 

I wouldn't worry about trying to get them to admit the CCA applies to the. They'll never admit it. But it doesn't matter, because without an agreement, they are shafted. As Lizzy will testify. ;)

 

As for your typo mentioned regarding the DPA notice, simply amend and resend.

 

What the heck was she smoking when she wrote that pile of excrement???

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THAT'S all right then. I can go back to not thinking for myself now, safe in the knowledge that Ken and his Merry Men (and women) will keep me right.

 

Or should that be, Ken and his Merry boys and girls? They hardly seem old enough to vote.

 

And another word for Merry is. . . (sounds like. . .)

 

And what else floats?

 

BURN THE WITCH.

 

Oh, dear. My brain has stopped. Too many days at sea. I need to see real people again. Preferably female. And preferably standing on the other side of a bar pulling pints.

 

I need to lie down for a bit. :p

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If an approach from the OFT makes a trader change its behaviour and treat consumers fairly in future, this is preferable to putting a trader out of business.

 

Look, Ken. It's easy. Take this subtle hint and GET YOUR ACT TOGETHER!!!!!!!

 

Maybe then, you'll have HAPPY customers. There now, it's not so difficult after all. :)

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  • 1 month later...

It's not exactly the same form as mine, but my box was to be ticked if I DID consent to my data being shared. Which I didn't.

 

Barclaycard have sent me a nice letter telling me they are investigating. I think I shall respond by telling them they are selling debts which, being unenforcable by virtue of the fact that no credit agreement exists, and therefore carries no benefit but rather a burden, their actions might very well be construed as fraud. In other words, why are they stitching up Cabot by selling them debts they have no hope of collecting?

 

;)

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Well, I've been thinking. There IS a need for companies such as Cabot. And my only real gripe with them is is the way the operate. But really, if the lenders hadn't been so short sighted and thought they could get away with shorcutting the CCA, none of this would be an issue.

 

So really, the fault mostly lies with the OCs. IMVHO. And if Cabot would just put up their hands when challenged, I'd have no problem with them at all. Unfortunately, they continue to put their fingers in their ears and go LA, LA, LA. So losing any respect or credibility that they might otherwise have enjoyed.

 

OTHER DCA's operate lawfully and ethically. Why can't Cabot?

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