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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
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    • 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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Littleme V M&S Can someone please advise on these....document!!


littleme33
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are they charging you the standard £12 default, if so then you should write to m&s and tell them they are charging you unlawful default sums due to their failure to modify the alleged agreement to allow these charges which differ from their original alleged agreement, send it to their data compliance teem and demand the account is removed from credit reference agencies, as all the data relating to that account is incorrect, specify that unless they can supply a compliant signed modifying agreement which allows them to to this that you will report them to the fos and ico.the data must be removed as it is in breach of the data protection act 1998 as they have charged unlawful default sums. merry xmas

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Ok thanks for that, does it still apply as i have set up my own repayment plan (no interest) with them i had been paying it for over a year i defaulted when i couldnt keep up the original repayments? They havent sent me a default notice for not paying this time,

Should i SAR them aswell as i am sure i never signed the PPI??

Thank-u

Merry Christmas to u

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yes still applicable, sar is up to you and you sometimes dont get the documents you need, bide your time wait for threat of legal action then you can request the required documents under cpr rules, and then they legally have to supply everything you request to see

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  • 2 weeks later...

Hi,

 

Thank you, does anyone know the outcome of ignoring the letter will it be automatically passed back to M&S, don't really want a baliff visit!! Im guessing i need them to threaten court action perhaps? sorry to be abit stupid i am trying to put a brave face on it....although i am alot braver now with all YOUR help!! And trying to absorb all the info you have given me too!

 

 

Thank-you, Happy new year

x

Edited by littleme33
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In that case M&s should not have passed the debt on to Moorcroft, perhaps for your own piece of mind you should send a quick letter to Moorcroft explaining the position.

Edited by blueda
typo
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Hello all,!

 

Just a query really in light of the test cases in Manchester....regarding my 'dodgy M&S application form' of 2003, which is what i am disputing,

 

Question is do i still have a case?

I have SAR'd M&S as my credit limit ended up being £10,100 and i earnt that in a year? its the same limit as my sister and she earns 10 times what i earn (lucky wotsit)! I did not receive any notification that my credit limit was going up!! alass getting me in more debt!!

 

What are your thoughts on this please??

 

Littleme:)

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A lot of people are worried about the test cases; it should only worry you if you are going to be taking the creditor to court (i.e. you're the Claimant and they are the Defendant).

 

The test cases were ordinary members of the public, using Claims Management Companies, to take their creditors to court over the non production of credit agreements. This usually meant bringing a claim under section 77/78.

 

The trouble is the Claimant's were then trying to use this in order to turn the CCA in their favour when the CCA was really designed to protect consumers against unfair action by the creditors.

 

Essentially the burden of proof shifts from the creditor to the debtor... we all know very well that there is some sort of agreement in place (whether enforceable in court or not) because people would not be granted funds from creditors via a loan/credit card.

 

The test case has proved that Claimants cannot possibly prove no agreement was in existence because they had the benefit of the funds.

 

Now if you were "defending" action (like you should be and many others on this site) then the burden of proof shifts onto the lender to "prove" that they have all of their documentation in order.

 

If they haven't then tough luck... the statutes prevent them from enforcement.

 

So, in all essence, you have a valid defence to any action providing the documents they have provided are all they have. Your best offence is a defence.

 

Hope this helps.

 

VJ.

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  • 2 weeks later...

Hi, i have received my Sar request back from M&S i have drafted a letter i wonder if you could take a look it may just be aload of rubbish,if so can you give me a few pointers as what to send back

All i received was LOADS of computer statements no original copies just print outs that were put on computer files from 2003-present

 

 

Thank-you all:oops:

m&S respsar.doc

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tell them they have failed in their duties under sec 55,60,61,62,63,64,78,82,85,87 and 88, non compliance sec 78, unenforceable, non compliance sec 85, unenforceable, non compliance sec 82, breach of contract (had they got one), rendering all default sums/changed interest/limits unlawful, non compliance sec 87, unenforceable, as far as moorcroft is concerned, report them to the oft as their licence is currently under review and are being investigated

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  • 4 weeks later...

Hi,

 

So this is where i am right now with M&S and Moorcroft, i sar'd M&S and raised a few issues with them concerning Credit limits and D notices etc, and last friday i have received this letter from Moorc**p, do you think i should reply or just sit back and wait........:-|

 

Basically i think they have just ignored my letter!!

Thank-you in advance!

 

Littleme

Image0023.PDF

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relax, bide your time, wait for next letter, bye the way may i suggest some of your documents you have uploaded on other threads be removed as your personal details are easily read, be careful, you never know whos looking

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  • 2 weeks later...

Hi all

 

Received letter from Moorc**p today 'notice of intended litigation....these are the court costs that will be incurred' etc etc

 

Shall i file it....i still havent heard back from M&S re the points raised from the SAR about 4 weeks ago!!

 

:-)

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