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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.

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      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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Any stories of full and final settlements being agreed upon with M&S?


Kate987123
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Hi,

 

Am hoping to hear of some positive stories regarding early settlements of debts at a reduced rate. A family member has an M&S credit card and the debt has been passed to an collections agency (Moorcroft). Currently waiting on a CCA request but assuming they provide the CCA would like to try and arrange a full and final settlement at a reduced rate.

 

Has anyone had any luck achieving a reduced rate with them?

 

Thanks for any info!

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  • 1 month later...

Sorry this may be a little late but recently I have been involved in settling some credit cards/loans on behalf of a family member who does not want to wait what seems like an eternity to get rid of these alleged debts...easiest to deal with were a big big entity with four letters who fairly readily settled at 25% of balance....this was before the Manchester test cases info hit the streets and since then it has been tougher to achieve.

However a pattern is now forming in that most of them that still own the debt want all or most of it to settle...80%/90%+ in some cases.This seems crazy when it is clear that after a period many are going to sell debt to AN other collection agency who (it has been suggested on this forum) may have bought it from them for only 10% of the balance...at that stage it has been fairly easy to settle at 50% with them.The negative however is that to get to that stage you will almost certainly have default registered so each individual has to think clearly about their own strategy before embarking on final settlements...if you have a good credit file and you want to keep it that way you will probably need to settle early and at high value with company who issue card/loan...if credit file is not important and you can withstand the damage...wait and pay less to the DCA who buys the debt.

Not sure how helpful this is if you are looking to settle but just my own experience and opinions to date.

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