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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
      • 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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Hillesden/DLC help needed


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A calender month would be 30 days unless there is a Sunday on the 30th day. In that case it would be 31 days.

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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Difficult to say whether it's a good thing or not. The 21 days thing is just a standard letter. Often it's meaningless cos they don't update you after 21 days.

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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There are a couple of issues with it. The first is that the signature is on a different page to the prescribed terms. The second is that there is a clause that the agreement is not binding until they complete their final checks (this would seem to fall under s59(1) which would make the agreement void and is possibly also against most of the principles of contract law). I'll have to do some further reading and have a think before giving you a definitive answer.

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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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Where are the 2001 T&C's, they should have been sent to you along with the copy of the alleged agreement.

 

Re Harassment from DLC which is part of Hillesden Securities.

Report DLC to Consumer Direct and write to:-

 

Mr. Bill Johnson

Debt Team

Consumer Credit Fitness Investigations

The Office of Fair Trading

2-6 Salisbury Square

London EC4Y 8JX

 

Tell him how you are being harassed. The OFT are at present looking at DLC and their fitness to hold a consumer credit licence.

 

AC

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Hi angrycat,i didnt know they should have sent them,do you mean with the requested cca. I did my application online and I cant remember if i had original one, I rarely throw things like that away but i cant find my copy of cca to compare.Also i was a fool because i was off work for over a year with cancer in 2001 and i suppose i should have used the payment protection thingy but it never occured to me,dooh! Not sure where to go from here, they did however send me A4 sheets with transactions and all of those charges!!! This looks like the real thing though, rory said he was going to do some reading up for me. Hope he doesnt forget as he seems to be pretty busy on this brilliant site.

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The Terms & Conditions (original issue) form part of your alleged agreement.

If the creditor has not supplied these, then they have not complied fully with your CCA '74 request. Therefore, as the creditor has not yet fully complied, your account is in 'dispute' and should not be chasing/hounding you for payment.

 

As I said previously complain to Consumer Direct, Trading Standards and the OFT.

 

Love AC

 

Love AC

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There are a couple of issues with it. The first is that the signature is on a different page to the prescribed terms. The second is that there is a clause that the agreement is not binding until they complete their final checks (this would seem to fall under s59(1) which would make the agreement void and is possibly also against most of the principles of contract law). I'll have to do some further reading and have a think before giving you a definitive answer.

Rory can you confirm what angrycat has told me about the terms and conditions being sent with cca. Should i now hang on for the default, and i am sure they will start phoning again now i have received the cca request, should i mention to them about t&c's. Also have you had any more thoughts on the agreement i received. Thank you so much.

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The CCA 1974 section 77-79 states "and of any other document referred to in it"

 

Example: Front page Consumer Credit Agreement referrs to T&C's or PPI docs/T&C's. They come under "any other document referred to in it"

 

All parts/pages are required to completely satisfy the CCA 1974 request.

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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The CCA 1974 section 77-79 states "and of any other document referred to in it"

 

Example: Front page Consumer Credit Agreement referrs to T&C's or PPI docs/T&C's. They come under "any other document referred to in it"

 

All parts/pages are required to completely satisfy the CCA 1974 request.

Thankyou loiboy, do i assume that they have not complied fully to my cca request. No T&C's received with request. May seem a stupid question to you but what does PPI doc mean, and (front page cca) Really am a newbie at these things.Do i mention these T&C's if they contact me again which i am sure they will.

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I was just giving an example of other parts of the agreement that should/could be enclosed. Anything refereed to by the agreement.

 

Some credit agreements are double sided. Agreement on the front, terms and conditions on the reverse side. Front page back page.

 

PPI - Payment Protection Insurance. If refereed to on the agreement the documents should be enclosed.

 

It says on the top page you posted.

 

"Egg Card Credit Agreement Conditions a copy of which is enclosed"

 

That's another document referred to. To satisfy the CCA request the Agreement Conditions should have been sent.

 

The account remains in dispute until they comply with the request. There's no need to help them out by telling them what's required. They supposed to know.

 

As AC says. Report them for non-compliance.

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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I was just giving an example of other parts of the agreement that should/could be enclosed. Anything refereed to by the agreement.

 

Some credit agreements are double sided. Agreement on the front, terms and conditions on the reverse side. Front page back page.

 

PPI - Payment Protection Insurance. If refereed to on the agreement the documents should be enclosed.

 

It says on the top page you posted.

 

"Egg Card Credit Agreement Conditions a copy of which is enclosed"

 

That's another document referred to. To satisfy the CCA request the Agreement Conditions should have been sent.

 

The account remains in dispute until they comply with the request. There's no need to help them out by telling them what's required. They supposed to know.

 

As AC says. Report them for non-compliance.

Cheers for the reply loiboy, This goes into default on 23rd.August. Do i wait till then to report for non compliance?

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There are a couple of issues with it. The first is that the signature is on a different page to the prescribed terms. The second is that there is a clause that the agreement is not binding until they complete their final checks (this would seem to fall under s59(1) which would make the agreement void and is possibly also against most of the principles of contract law). I'll have to do some further reading and have a think before giving you a definitive answer.

Can anyone give any advise on this pleeeeeeeeeeease.

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