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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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Log Book Loans


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A little bit of advise needed especially if someone else had had this problem. I took a loan with Log Book Loans in December 2006 for £800, and made the payments for around 6 weeks but was unfortunately made redundant, not something i could have forseen!! i wrote immediately to Log Book Loans who in short did not basically give a monkeys, I advised them that they had better come and get the car then as there was no way I could afford the payments.

 

The car was collected some 5 weeks later allowing their charges etc to accrue on the account. The car was valued at approximately 2,000, I am unsure what they received for it after selling it but have heard nothing more from them until today when I have received a letter from Intrum Justitia saying I owe them a further £761.66.

 

Now I think that this is a bit excessive as the loan was like I say only for approx 11 weeks before they took possession of the vehicle and they will have got at least around £1,500 in the event of any sale. Anyway after all that rambling my question is whta letter do I send requesting details of payments made what they sold teh car for and their charges??

 

Any advise from anyone else welcome

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Because you effectively defaulted on the loan, you've lost the moral high ground but that said, you need to ensure you're not paying more than you have to. If you've not had a letter from LBL outlining the termination of the agreement and the costs associated with it, you want a breakdown of is before arranging to repay it. If they've simply passed the debt onto IJ, then that's not on - so tell IJ that the debt is disputed, and refer the matter back to LBL.

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You'll probably find the details are in the fine print of your contract - under the section covering what they will do in the event of a breach or an early termination. This should spell out their proceedure, and how it will affect you. From what I've heard, they're not too hot on giving chapter and verse, but they do have a duty to be up-front and ensure what fees they charge are 'reasonable', If not, you can challenge them, but this may mean you either complaining to the FSA or taking them to court to see satisfaction.

 

Expect them to charge the ongoing interest on the loan until the car was sold, the credit of whatever amount they received from the auction, plus the auction costs, that of transporting the vehicle to the point of sale. The amount you've paid to date is then taken off and the final figure arrived at. They then will either pursue you for this, or sell on the debt to a collection agency. You can be sure they will have ensured there will be more to it than just what you paid and the car back, depreciation takes its toll, and with Auctions been a place to pick up a 'bargain' the chances of you getting a good price for your vehicle are pretty slim - it's always better to get permission to sell, dispose of it privately and then pay them off.

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Their fees are not fair and not strictly legal. LBL cars don't always go to auction and they're not interested in getting a good price.

There's a reason why LBL are paying off people that challenge their dubious practices, and it's the same reason that a massive group action against LBL is currently heading to trial

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If the vehicle HASN'T gone to public auction, they are in a very weak position as they must show that the price obtained was 'fair'. Flogging it so someone on a nod and a wink makes this impossible, and allows the former customer to challenge them, and perhaps set their own 'reasonable' price for the value of the item. It means more work, but could ultimately be successful.

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Buzby if the OP was dealing with any other firm I would agree with you but as they aren’t I’m afraid I have to differ.

The OP signed a Bill of Sale at the outset of the loan. This immediately passed title to LBL., then unlike a Pawn Broker LBL allowed the customer to retain use of the car.

The situation is that as long as the BoS was registered at the High Court within 7 days of completion then LBL can & often do, recover the vehicle at any time if the customer breaches the agreement in any way. One of their alleged practices it to wait until a substantial sum has been paid then if the customer is in default to recover the vehicle & allow the recovery agents to dispose of it – sometimes on eBay

That’s the bad news - now the good news & that is that LBL are currently being taken to task over their agreements & tactics in what I understand is a publicly funded group action & should the OP want details they should PM me

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I don't doubt what they do, but just like HP (where ownership remains with the HO Co until the final payment) LBL are doing nothing new. And when the deal goes pear-shaped, they cannot say, the car was sold for 1p, you now owe us £XX,XXX! The amount obtained for the car has to be fair, and the punter can challenge any less-than-realistic non-trade valuation. The possibility of LBL defrauding the customer would be high, so they would be stupid if they didn't protect themselves from the possible accusation!

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buzby most of us know what should happen but what I'm saying is it won't matter.

 

It's alleged, by some, that the OP is not dealing with a company that follows the rules only their own

 

Search this forum for other threads involving LBL & you'll see what I mean

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Oh I know, they only deal with sub-prime customers and ride roughshod as well as cut corners. I'm not fort one minute expecting them to play by the rules - which is why our OP is being so disadvantaged.

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They are milking one of the oft-overlooked benefits of 'sub-prime' customers - their inability to afford civil action. And (of course) knowing full well that the police will dismiss any action as a 'civil matter'! It's not so much the market they covert or being a little 'unfair', we're talking about illegal paperwork, mis-sold loans and recovery of cars worth much much more than the alleged debt (and certainly much more than the amount borrowed) WHEN (more than not) the amount borrowed had been paid back several times over and the sole reason for repo is extortionate and dubious 'penalty charges'

We've all read the horror stories that reach these pages but how many unfortunates just let it all happen and are never heard from?

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