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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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NTL


BEVANS
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I'm helping my sister to resolve her debt issues and as well as writing to the bank I'm trying to resolve an issue with NTL. She has been charged 'downgrade' fees by NTL as they have reduced her telephone/tv package due to an arrears (she is paying a nominal amount each month to clear). However in addition to the £25 per month for the package she is being charged £11 downgrade fee as they will not reinstate the full telephone/tv package until the arrears has cleared. Basically they are adding a further £11 per month to the debt and I was wondering if the same principle applies as with the bank charges and if you think we would be able to reclaim these too:? ??

 

Has anyone had any experience with NTL? If it makes any difference this has now been put in the hands of debt collection and NTL won't speak to her on the telephone as they have passed the matter onto the debt firm......helpful as usual!!

 

Any comments would be most appreciated.

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I have heard only bad things about NTL. I would have thought that the £11 comes within the area of disproportionate penalties.

What are their rules about closing your account?

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My sister received all her bills so no additional charges there but I've posted the bank letter to reclaim the charges (albeit slightly amended)when I sat down and worked it out she had been charged £82 within a six month period for downgrading - I would accept a one off charge for downgrading because afterall surely you only downgrade once!?!

 

I couldn't find anything relating to closing the account but at least it means no further charges from now on......the debt firm were quite helpful but said they could not get involved with the detail behind the arrears.

 

Will keep you posted, nothing ventured, nothing gained........!

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Does anyone know about this?

 

"the debt firm were quite helpful but said they could not get involved with the detail behind the arrears"

 

What is the legal position on this? I.e. NTL ignore you because they've instructed a debt collector, who in turn refuses to discuss the details of the debt.

 

Since the customer is disputing the debt, to whom is the fact of this dispute to be addressed?

 

Couldn't the collection agency be co-liable (or something) for enforcing an unlawful debt?

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As I understood it the debt collector acts as an agent of the company that appointed them to collect the debt. The debt collector is required by law and by codes of practice to behave in a particular way (many choose to ignore this). However, the original creditor is legally responsible as well for the conduct of the debt collector.

 

It is usually better to try to deal with the original creditor if there is a dispute over the debt. If you try to do it throught the debt collector it will slow things down and gives ample opportunity for mis-communication.

 

NTL cannot shirk responsibility for any errors that they made in administering the account. If they try to do this take the matter to your local Trading Standards office.

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Thanks......

 

Its easy to see why people just roll over, my sister has been pushed from pillar to post on this but they're messing with the wrong chick this time!

 

Will keep you all posted and thanks again for your comments.

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Found this information regarding NTL's T&C. My understanding of this means one months notice to downgrade and therefore 'a' fee will be charged........doesn't mention anything about every month thereafter!

 

Also, they never wrote to her saying they were terminating the agreement so surely they are in breach of their own terms and conditions?!?!

 

Comments please..............answers on a postcard!

 

 

3. Duration

 

3.1 Our Services are subject to a minimum Initial Term starting on the date we activate the Services. You can only terminate this Agreement during the Initial Term if conditions 19.4 or 20.1 apply, otherwise we may charge you a cancellation charge which will be the charges which would have been payable to the end of the Initial Term. During the Initial Term, you may downgrade all or any of your Services to the entry level or starter package for the relevant Services by giving us one month's written notice. We may charge you a reasonable fee for a Service downgrade.

 

3.2 After the minimum period, either you or we may terminate this Agreement and/or any of the Services covered by this Agreement on one month's written notice.

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Yes, that's what it seems to say. One fee

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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