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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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Wescott given up - now Lowells trying.


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Clownells specialise in buying useless debts for peanuts. These are usually ones that are approaching the Statute Barred date or ones where no CCA exists. They are so full of sh!t. They follow a predictable pattern. after a few threatening letters they will pass you to the wonderful Hamptons iLegal and then on to the equallly ridiculous Red Debt.:rolleyes: In the end up they are all useless. Oh yes I forgot to mention the YELLOW POSTCARD which they claim to have called to see you but yet it comes in the post and demand you ring them

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  • 2 weeks later...

:-D

Two calls today from Lowells. Both from a girl calling herself Hannah. She claims that these calls are not harassment despite having been informed in writing that they are not to do so. So I`ve sent a recorded letter pinched from Priorityone (ta) asking for their complaints procedure and an explanation of why Lowells feel that these calls are OK.

Clock ticking fast on their non production of a CCA as well.

DO you feel harrassed. YES well then it harrassment. IN spite of what Hannah may say. Simple thing is not to answer them but log all their calls. If you mistakenly answer them do NOT reply to any of their security questions and tell them you are recording the call. They will soon get the message. You can then expect them to pass you over to Hamptons iLegal but without a CCA they can do diddly squat:-D

  • Haha 1

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Tell them that they must provide you with details of the alleged debt and their right to collect it or you will report them for attempting to obtain money by false pretences.Do they think anyon would be daft enough to pay up for somethng which they know nothing about

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If they say its not regulated by the CCA then its probably a utility bill or mobile phone bill. Then again it is Clownells we are talking about and they could say anything

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All the correspondence that I have received from DCA have no post mark on them as they seem to have a special way of getting around this therefore they can backdate letters as when it is necessary for them to do so and to pile on the pressure on individuals.:evil::evil:
There should be on the rear of the envelope a date and time from the sorting office it went through

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Leeds Coaching Station, 1839.

 

Perhaps it depends on where you live and the sorting office involved. Most of Lowells 'purchased' debts are so old, they are still operating on the Julian calendar anyway so it's probably better for them not to put dates on things. One day you may be lucky and get a 'penny black' from them. :p

Clownells are so busy they even work on Christmas Day. Well I did get a letter dated 25th December once. MUPPETS:rolleyes:

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I too got a letter from Lowells stating that the agreement was not a regulated credit agreement etc. etc. Wrote last week asking for a copy of the agreement anyway and what legislation it is governed by that gives them the legal powers to demand payment.
Oh dear that will confuse them all at Clownells. You will probably get something along the lines of '' As you have failed to reply to our repeated requests for payment we have passed this overdue account on to our Legal Deapartment who will be instructed to institute proceedings for full recovery of this long outstanding amount. Blah blah blah blah.

 

If you are really lucky you will get one of the famous Yellow Cards:D

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Despite asking both on the phone and in writing that Lowell do not contact me by phone, they have continued to call 3 + times a day. Last week my husband answered the phone to them and decided to give them some of their own medicine and asked to take them through some questions for security reasons ie. full address and postcode etc. the caller replied "there's no need to get so aggressive" is this not how they behave?

They call it agressive when you try to confirm who you are talking to.You have as much right as they have to establish someones identity:-)

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And today I get the next standard threat.`As you have failed to contact us (despite their signing for two recorded letters) we have now been instructed (who by?) to appoint an agent in your area to visit your home etc etc`. To prevent this unwanted intrusion I MUST contact them URGENTLY.

I think I`ll just send them a copy of the letter I`ve seen somewhere on the site re only the postman and emergency services (??) are allowed to call.

What should I expect next from these berks?.

Firstly remember that a doorstep caller from a scummy DCA has ABSOLUTELY NO RIGHTS WHATSOEVER. In the highly unlikely event of one calling at your door advise him that he is trespassing. Refuse to discuss anything with him. Demand he leave your property forthwith. If he fails to do so reasonable minimum force may be used under common law. In practice though its much better to contact your local police and report a breach of the peace.

 

Also contact the morons and tell them that you withdraw any right implied or otherwise for one of their agents to visit your property. Remind them that should they send someone they will be jointly liable as they instructed the doorstep collector in spite of you express wishes

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