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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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A can of worms ?


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Update time again....

 

Received a number of unexpected 'phone calls, three minutes apart, from the DCA (still not naming them for now)... the woman on the other end seemed fairly keen to get me talking. No deal... but all three attempts logged. Even got her name before cutting her off each time... lol.:D

 

Two days later, a letter arrived stating that they had been contacted by the FOS... and would like to investigate the nature of my complaint :rolleyes: , but that the info. I had supplied was too vague.... :rolleyes:

 

Replied by referring them to copies of letters sent in April, May and June ... so that that they could refresh their memories on the precise details.... which I know were received, since I have copies of signatures for all 3. Nice try though.;)

 

Gave them 14 days to respond and, that I would need a final, written response to this one way or the other for FOS purposes and, if they didn't get a wriggle on within this extra timeframe, copies of my entire file would be forwarded to Inland Revenue (Financial Crimes), their local Trading Standards... as well as the FOS.

 

Getting the silent treatment now.... :D

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P1, we had an update today as well. I think it's time I started a thread on ours... BTW re. the 'tippex' agency are a 'reputable agency', says the bank.:rolleyes::D

Will try tomorrow - both feeling rough here.

Good luck and wishes as always, sosumi :)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Hiya Sosumi/BO :)

 

In reality, it will take longer than 14 days as I have loads to copy... but hey, it's more fun to crank up the rack slowly anyway... lol.

 

Didn't realise they'd been cr*pping their pants 'til that last letter arrived.... they don't want to put anything in writing, that's for sure.... ;)

 

Shame....:D

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Go P1, go P1 (queue poppoms and cheerleaders) :D

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 5 months later...

Right.... haven't updated this one for ages. For anyone interested, a quick overview of events can be seen in post #71.

 

I'm in 2 minds about how to proceed with this. The DCA enclosed a copy of a letter from the OC detailing that 3 accounts were in fact "amalgamated" into one (stupid bergers :rolleyes: ), before being "assigned" to the DCA some years ago.

 

The FOS won't investigate it from a refund point of view because it all occurred prior to April 2007. However, my complaint was after April 2007, so IMO, I should be entitled to their support in getting a final response from the DCA, which so far... they've been very reluctant to give me. With this in mind, I intend to email/write to the FOS over the week-end and give them a prod.

 

Seeing as the FOS won't look into the refund angle however, my only option seems to be whether to issue an N1 or not... but as I've always managed to fight my causes outside of a court room (so far), I'm reluctant to do this in case it backfires due to lack of evidence.... unforeseen loopholes and so on. I'm also not into wasting my time, so to speak.

 

We are talking about just over £1K here.... and seeing as the OC has already stuffed up on a different (unenforceable) account to the tune of around £4k, part of me is wondering if I'm just being plain greedy here by going after this £1k as well, regardless of who ended up collecting on it.

 

At the end of the day, I spent the money that this DCA has collected over the 4 year period.... and although they did add charges to the account, my payments were stopped before they were able to collect these anyway (around £350), still leaving an unenforceable balance of around £800 on their books. So in theory.... I haven't paid any more than what was originally borrowed in the first place. They also gave up hassling me for payment AGES ago now...

 

My beef is about the manner in which I was (unlawfully) pursued in the first place, during a time when they were getting more than I could realistically afford in the days when I knew no better.

 

So.... pursue or not pursue... :cool: ?

 

Opinions on a postcard please.... :D .... as I'm beginning to think this may just be a vigilante issue after all.... :D.... and I should really just put it to bed now.

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To take that view I would need to be very sure that they, or another, would not come back for another go some time in the future.

 

Otherwise I would apply the principle, 'Do unto others as they do unto you'.

 

David

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I would only pursue if the charges were greater than any amount outstanding, and I would pursue the original creditor and not the DCA.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks for the replies guys... :)

 

There's no way that they or anyone else could (realistically) come back for another go... so no worries there.

 

As for the charges, the only other charges would have been added on by the OC before assignment... as I was always a stickler for making sure there were never any opportunities for penalty charging. As there is still an alleged balance of approx. £800 on the (amalgamated) account and approx. £350 of this is DCA charges after assignment, this means that the OC would need to have added around £450 at the end to leave me out of pocket.

 

Whatever they may or may not have added would not have reached this figure.... so maybe it's time to let go now and move on to fresh pastures.... ;)

 

File closed.

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