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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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Any ideas how I should respond to letter from DCA after CCA?


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If they can't supply a properly executed 'signed' regulated (£25K or less) agreement they can't enforce the debt period

 

Yes.... I have done this with one of mine :D .... but then, I have no morality when someone is hounding me for money.... ;)

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I think the best position, as I've said on other posts, is that if the original creditor defaults on the CCA, you are in a bargaining position to pay off your debt with a "full and final". When they have defaulted, you are perfectly within your rights to report them to the OFT - however, if THEY want to advoid that by agreeing a ridiculously low settlement figure, taking into account what you ahve already paid - that's up to them :)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I think the best position, as I've said on other posts, is that if the original creditor defaults on the CCA, you are in a bargaining position to pay off your debt with a "full and final".

 

In theory, yes. However, one of my creditors began issuing threats despite the fact I'd been paying them on time and every month for 4 years. They then tried to confuse the issue by mentioning several different companies, which I found out were owned by them anyway.... so I CCA'd them all.... which I don't think they were expecting.

 

None of them had it and I have written confirmation of that now. So, I have told them all to take a hike.... I have no intention of offering a F & F to any company who bullies its customers into increased payments that they cannot afford. In this case, it's slapped them in the face in a fairly big way.... as there was over £3.5k still outstanding. :)

 

Their status with the Inland Revenue is currently being investigated..... :cool:

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It really does depend on individual circumstances and people's individual decisions - there are circumstances, I agree, where the reprehensible behaviour of some DCA's does make you want to give them two fingers and tell them tough ...

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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