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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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Blackheath loans


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This is a bit of a long story so here goes, December 2006 we took out a £1000 loan with Blackheath loans of which we only received £840 as they took the rest for admin fees. We were to repay a total of £1912 over 24 months. We were late a couple of times over the 2 years but always caught up. The last payment was made in jan 09 or so we thought, for the next couple of months they kept ringing asking for the payment and we tried to explain that the loan had now been paid in full. they kept telling us different amounts of how much we still supposedly owed.

When I asked for an explanation they kept changing their minds as to why we still owed the money, first they said we should have been paying £121 a month instead of £79 which was on the agreement , then they said there were certain payments not received , I told them i had statements to prove payments , this was in march 2009 , we didint hear anything the following month so I assumed it was sorted. Then is August 2010 our guarentor got a letter from northampton court saying they were being chased for the money £564 which they were very angry about . I couldnt do much for the next couple of days as i went into labour with my 4th child, but when I came home from hospital we tried to sort it out , Blackheath told our guarentor that they were being taken to court as we were refusing to pay. They refused to speak to us on the phone or to reply to any letters , the reply from the court form where we could dispute the amount was sent back to blackheath by mistake so we missed to deadline. Recently our guarentor applied for a remortgage and realised that a ccj had been put on their clean credit file, this has caused so much trouble, the financial ombudsman wont help as it has already been to court. We have been advised to fill in form n244 to get the judgement set aside but we will have to pay the £75 fee as our guarentor is very annoyed as it is. what are our chances of getting this removed from our guarentors credit file .

Blackheath at no point sent a default notice, they had no right going to our guarentor as at no point did we refuse to pay them, we had paid the loan but when we asked for an explanation when they asked for more money they refused to give one, we tried to speak to them on the phone and sent letters but they just refuse to co-operate so surely we have grounds for getting this ccj set aside and make a big complaint against these people .

I would be grateful for any help

thanks

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I dont understand why they were entitled to chase the guarentor, the loan had been paid off and if the extra amount was for charges they should have given us an explanation for this, we didnt at any point refuse to pay we just asked for an explanation of why they were asking us for more money which is perfectly reasonable but they just went behind our backs , they told the guarentor we had missed lots of payments and were refusing to speak to them when in fact it was the other way around and they even told the guarentor that they were concerned as we were planning to move from our current address which was a outright lie .

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Ok... well they still needed to send a Default Notice to terminate the contract and apply for enforcement.

 

You need to send a £10 Subject Access Request to the original creditor to get hold of all of the details.

 

Are you on any income related benefits??? You can apply for the £75 to be waived. If you are on a limited income or have exceptional circumstances you can apply for the fee to be reduced. You need to fill out an EX160 form for this purpose.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/EX160_web_0709.pdf

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  • 1 month later...

I'd just like to say that I've had a lucky escape with this company. I was due to take a £4000 guarantor loan out with them. I've never known a company like it. If their "underwriters" don't like what you are telling them they hang up on you (oh but apparently I got cut off!, yeah a likely story). When you call them back, even in the middle of the day it says their offices are closed. I found another number for them not the 0871 number and when someone answered they knew who I was straightaway. I asked them how they did this, they said they had "voice recognition software".

 

They don't want to help, they keep you hanging on for ages with a decision only to be told that all they needed from you was last months' bank statement and a new DD form, they stick to a script, they are very rude and sarcastic. I spoke, I think it was to the owner, a guy called "Ryan" who I have to say I wouldn't spit on him if he were on fire, a very rude company, so glad I didn't go with them!

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