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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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when does a cca1974 agreement end?


amilucky
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hi all - this may not be the right place to ask this question but best place i can find.

 

situation - cahoot flexi loan account, consumer credit act 1974, paid off, letter recieved from cahoot confirming closure of account.

 

several months latter, letter recieved saying i still owe, after a load of grief trying to get explanation etc im under the impression that at some point they say they wrongly credited the account and as such a balance remains. though they are being very evassive and unwilling to supply statements so unable to verify any of this myself.

 

question - by writing and confirming the closure of the account did they terminate all rights they may have had under that agreement and as such if they did make a mistake somewhere along the line then its there problem???

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How about sending them a subject access request they will then have to provide all the statements for you. Its strange the acct is closed & paid off one minute then seems to have a balance/amount owing again the next????

 

Do you remember paying any sums to this acct or by a miracle did it happen as if by magic (money got incorrectly credited to your acct by some other means kinda thing???)

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hi mydogsawestie, its a long story but basically i was paying of a number of debts at the time including this account, account was then closed and i got a letter to confirm that, and my credit file shows the debt as satisfied. several months latter they sent me a number of letters just basically saying i still owed pay up or else. its taken about 3 years but they now claim they credited the account with an amount incorretly and as such there is still a balance.

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Hi,

 

As I see it (but I could be wrong) once an account has been closed (as opposed to terminated) then any obligation you may have with them dies. You are not bound by any terms and conditions as they lapsed on closure. They cannot re-instate the agreement without your permission. Also, they cannot mark your credit file as your permission to do so also lapsed.

 

They made the mistake as they have confirmed. They can suffer the loss

 

As advised, I would SAR them

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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hi mydogsawestie, i got a letter to confirm that, and my credit file shows the debt as satisfied.

 

How much are we talking about anyway that they are continually harassing you over.....? I think its there problem, not yours & should take the hit for it too!!

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thanks guys - thats what i was thinking. i did subject access them when they first made the allegation, and although they claim they sent it i didnt recieve anything, does that mean they have complied with my request? or do i auctually have to recieve it for them to have complied? id rather just ignore them if its not going to bite me later then as far as im concerned the matters closed.

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