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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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M&S store card


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My CCA was sent mid March so it's quite surprising you haven't had a response from them yet Msowing...I take it you've told them that they are in default and are disputing the account??

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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  • 1 month later...

Despite receiving a letter from M&S stating that they do not have my agreement and the debt is uneforceable in court, the debt has been passed to Collect Direct. Received a letter today under the heading "Notice of Legal Proceedings"....what plonkers!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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  • 2 months later...

Thread moved to the newly opened M&S forum:grin:

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

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  • 3 months later...

Thanks for that CitB!! ;)

 

Just an update...heard nothing from Collect Direct until a letter arrived from Philips Collection Services stating that they were acting on behalf of a company called Improved Financial Services Ltd whom I had never heard of before.

 

Turns out that Improved Financial Services Ltd is Collect Direct's new trading name...perhaps they're trying to ditch the "Collect Nowt" tag!! :p

 

Will tell them where to get off and shall also be logging a complaint with OFT about this as I have already provided a copy of the letter from M&S stating that this debt is uneforceable in court.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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  • 3 months later...

Just another update for anyone following and/or in a similar position.

 

After letting Philips exhaust themselves with their threatograms I finally found the time to tell them that they were in breach of OFT guidance by threatening court action when they know they are not in a position to proceed.

 

Collect Direct (aka Improved Financial Services) and Philips have now disappeared off the scene and the account has been passed to Gothia / Red Castle who are acting directly on behalf of M&S.

 

No doubt another similar barrage of letters will follow although I'll let them run their course before responding, yet again.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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