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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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manf v Ruthbridge and Littlewoods


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Hi manf another helper for you if these twits had all the correct documents for a debt they would not be ringing you they would have sent you something like the prelim letter we use for refund of charges from banks and credit card suppliers giving you so many days to pay then they would send a letter before court action then you would hear from the court approx 6 weeks. That is the correct way to do it. Demanding phone calls are from slime bags who have just bought a debt for about 10% of the total value have never checked if the debt is legal etc. Any way Littlewoods do not have any signed agreements they were to busy sending out goods to bother with credit agreements, as I found to my good today. I have just been informed by Littlewoods they do not have an agreement for my wifes catalogue. The same will happen to you these slime bags will send the debt back were it came from.

 

all the best dpick:p

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Hi manf as another poster says if they thought they had a hope in hell they would not be putting any "without prejudice" on a letter they would be happy to show the court any letter to show they were trying to come to am agreement with you these are just empty threats.

 

Oh I have rang Littlewoods about my agreement and the young lady must have forgotten my warning about recording phone calls. While I have had one of the made up agreements sent to me, she admitted that they have not been able to find my "agreement" yet. Boy will they have a job my wife never signed an agreement. I would not mind taking a bet that you did not as well so lets see them produce one.

 

all the best I think it's now time for the plonk dpick:D

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  • 2 weeks later...

Hi if ruthless or toothless have stopped calling you and are now outside timescale then you can report to TS. I received a blank agreement with incorrect details and TS said that Littlewoods had complied (twits). So I then wrote to Littlewoods that I did not believe that the blank agreement they had hand printed my wifes details on proved that they had an executable agreement. Advised them that they would have to take me to court to get the agreement ruled as enforceable while my opinion was that they did not have any agreement at all. I then got Littlewoods standard letter re we cannot find agreement and will not be pursuing account etc. I have seen this same letter numerous time on the forums now so it may be that you need to write to Littlewoods to get this sorted.

 

all the best dpick:)

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You could try sending this letter they may or may not take any notice but you are covering your self and keep a record of time and date of all calls, record them if you can. I played back one recording of an MBNA call to MBNA and I have not had a call since.

 

Template letter here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

all the best dpick:)

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Hi manf as oneofakind say write to them asking how they are going to take you to court when they cannot produce any agreement include the following I have used this before to effect.

 

"May I remind you that I have requested a True Copy of the Original Credit Agreement, containing all the required prescribed terms as per the act, and enclosing true copies of all documents referred to in it, specifically the Terms and Conditions that were in effect at the inception of the agreement, plus all variations to them since. I support this request with County Court Pre-Action Protocol 4.6 ( c ) ."

 

This is part of my letter to Littlewoods after they defaulted on my CCA request. Littlewoods then folded.

 

dpick

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  • 5 weeks later...

Hi manf all you have to do now is wait they wont be able to resist sending another demand for payment or veiled threat of court action then you send this letter

 

 

You have not complied with my CCA 1974 request for a true copy of my original Credit agreement.

 

I will not respond to any further communication useless required to by a court order.

 

Or of course just send the bog off letter

 

How come I get the feeling that you aint worried any more when a letter comes through the door.

 

all the best dpick:D :D

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