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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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Section 77 and 78 CCA 1974


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Hi all,

 

just wondering about the 12 and 30 day limits on providing the original credit card agreement.

 

I've finally managed to get the full act in pdf, and whilst I can clearly see the 30 day limit offence part (actually states 'one month'), I can see no reference in s77 and s78 to the 12 working days time limit before a default has been commited

 

Duty to give information to debtor under fixedsum credit agreement.

77.--(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of , 1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,--

:confused:

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • 4 years later...

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

 

Quote:

1 Citation, commencement and interpretation

 

(1) These Regulations may be cited as the Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 and shall come into operation on 19th May 1985.

 

(2) In these Regulations, "the Act" means the Consumer Credit Act 1974.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/2 Prescribed period

 

 

2 Prescribed period

 

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1 of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements.

 

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)/SCHEDULE Sections of the Act in respect of which a period of 12 working days is prescribed relating

to duties in relation to regulated agreements

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

 

 

Regulation 2

 

Section of theAct

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

103(1) Duty to give debtor or hirer under a regulated agreement termination statement

or serve counter-notice.

107(1) Duty to give information to surety under fixed-sum credit agreement.

108(1) Duty to give information to surety under running-account credit agreement.

109(1) Duty to give information to surety under consumer hire agreement.

110(1) Duty to give debtor or hirer copy of any security instrument executed in

Live Life-Debt Free

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  • 1 month later...

Good grief Barty, you dragged that one out the archives!

 

My original post was 4 years old

 

:-D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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I know...I was searching for other info and this post showed which at the time looked like it was a new one and spookily I was using that stuff so posted it up before I realised how old it was....

 

B

Live Life-Debt Free

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