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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.
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      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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Cygnet and ACF, faults with car and bill of sale problems.


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Hi

 

I have been advised by consumer direct to air my concerns in writing first with ACf and Cygnet before i can attempt any other action.

Going off what ive read in this forum, this probably wont get me anywhere will it? PLus i dont really want to give them any info!

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I don't really think it matters, as you;ll have to disclose your reasons for rejection/repudiation and if they agree then they may just terminate. If they don't and it comes to court, you've a dated letter outlining your case for closure. If they agree there's been errors, you are not seen as being anything other than straightforward.

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  • 2 months later...

Hi

 

I bought a car on bill of sale at Christmas but am really struggling with the payments and running costs. With fuel, insurance etc it costs me £500 per month!

I was wondering at what stage i could potentially terminate the agreement?

Its on bill of sale which is different to hire purchase so would i still be able to give it back? Would i still have to pay the outstanding finance?

The cars price on purchase was £7100 and i paid a deposit of £1500 and have made payments so far of £1680 so in total, £3180 which is nearly half.

 

Can you advise please as its crippling me! I wouldnt mind even swapping it for a smaller engine as its the fuel that costs the most!

 

Thanks

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I do not believe there is any "get out clause" when a car is purchased on a bill of sale. Sorry.

 

However, unlike when using HP, you are legally entitled to sell the car as the debt is a personal debt and not directly secured on the car I think. Therefore, you may wish to look at selling the car privately then settling the finance from teh prceeds.

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Hi

 

I bought a car on finance before Christmas, but its costing me the earth to run so want to get rid! Its secured on a bill of sale rather than Hire purchase so does that mean i can sell it and pay the finance off?

 

Ive listed it for sale twice and had no enquiries so i wondered if it must show that it still has finance against it?

 

My understanding is that on bill of sale, you CAN sell the car and settle the debt?

 

N

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Hi

 

I bought a car on finance before Christmas, but its costing me the earth to run so want to get rid! Its secured on a bill of sale rather than Hire purchase so does that mean i can sell it and pay the finance off?

 

Ive listed it for sale twice and had no enquiries so i wondered if it must show that it still has finance against it?

 

My understanding is that on bill of sale, you CAN sell the car and settle the debt?

 

N

 

 

Hi nikkikitch. no you cant sell the car........ this is what will happen if you do. they will take the full value of the car (book price at time of loan) and add that to your CA and at 356apr your loan will run into 1000s

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How can they do that!?

 

Would it show on the HP register as having finance against it?

 

under a bill of sale you have past ownership of your car to lbl. lbl are the owners of your car and you are the manager of your car (gives you the right to drive it and do the upkeep of it) and it reverts back to you when bill of sale has been paid. sell the car before the end and you will owe lbl the full value of the car.

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Hi

 

Sorry, maybe ive posted this in the wrong section. I dont have a log book loan, i have a car on finance secured on a bill of sale rather than hire purchase?

 

Thanks

 

if you have a bill of sale then your loan is on your logbook. all bill of sales are the same.

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Hi, I've got a similar agreement, with The Funding Corporation and am looking into settling/selling - mainly because the car is falling to bits and need a new one!

 

I had an agreement with them a few years ago on the same setup and rang them to arrange to return the car halfway through as I didn't realise it wasn't HP. They told me I couldn't return the car as it wasn't a HP agreement - it was a motor loan. I specifically asked the question "is the loan secured on the car" and they said NO. Even though it was showing on a HPI check - I got them to send me confirmation in writing that the finance wasn't secured on the car. My buyer was happy enough to accept this.

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  • 2 weeks later...

Hi

 

I bought a car from Cygnet before Christmas, but its absolutely crippling me in finance and fuel. Ive actually now paid for over hald the original cost, but as its on bill of sale rather than HP, can i hand it back?

Ive also tried to sell it to be able to pay off the remaining finance, but it shows as having finance against it so nobody is interested. Please help as i cant afford this mistake anymore and dont want to be left with a ridiculously high debt but no car to show for it!

 

Thansk

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Hi

 

I bought a car on finance from Cygnet before Christmas which is secured on a bill of sale rather than hire purchase.

 

The car costs me a fortune in fuel and is far too big for my needs. (it was a rush purchase as my other one died!)

 

Im really struggling affording the £240 finance payment along with £200 a month in fuel! Can i reduce my payments or even better, change the car? I dont want to be stuck with this car for the next 3 years!

 

Including my deposit and monthly payments, ive nearly paid for half the original price of the car, so does that give me any leeway?

 

Any advice would be appreciated. Thanks

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it will tell you on the agreement surely?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If it's a bill of sale rather than HP, then I doubt there is any "get out clause" contained within the agreement.

 

On the plus side, it also means, I think, that you "own" the vehicle and can therefore sell it without the finance company's approval.

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Part exchange it for something else. Sounds to me like there is nothing wrong with the sale, finance or the car. Just you bought a thirsty car and later realised that it is too expensive.

 

I would certainly go to the same company who should give you the best trade in in theory - they cannot pick faults as they would have to fix them if you kept it!

 

Do not expect the same money back. ie, if you bought it for £15k, part ex 9 months later would be around £9k as a guess. BUT at least you get rid and can start again. You could even buy a cheaper car and get cash back.

 

If the outstanding finance is less than the value you can sell the car for, you can sell it and repay the finance company. No private buyer will do this if they have any sense because if you decided not to hand over the money to the finance company, the new owner would lose the car. However all dealers will do this, settling the finance and giving you the balance. So, again if you paid £15k, now owe say £10k and the car is worth £11k trade, you would walk away with £1k and owe nothing at all.

 

Balance it up. It is sometimes better to pay a little more in fuel and have a really nice car. My car is a 3.0v6 and drinks fuel like it is going out of fashion. BUT, it is a top of the range car with every toy you can think of and costs nothing else all year. It is also VERY fast and lovely to drive.

 

Think about it. Why did you choose that car in the first place?

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Hi There

 

Ive posted a few times already but am still a bit unclear about where i stand.

 

I have a car on finance, secured on a bill of sale. Its not with LBL its with TFC/Cygnet. I was convinced that the BOSlink3.gif and CCA were innacurate but after sending the papers to my local CAB, they returned them as ok.

With all due respect, im not sure the lady at CAB knew quite what she was looking for so ive since been trying to find out info on what seems to be an incredibly complicated issue.

My BOS is signed by the man who sold me the car and organised the loan and weirdly enough also has my signaturelink3.gif, even though i didnt sign it on the day! The documents are registered on 28th and the car was purchased on 21st, so im not sure how that works in terms of the 7 day rule? Is it 7 clear days or does it include the day you made the purchase? There are also some inconsistencies in the figures.

 

After reading all the information on this thread, its still not clear, what happens if the BOS is void? Are you still liable for the remaining debt? And which bit of the debt, the cost of the car or the overall finance arrangement? If the BOS is void, does that mean they cant take your car and if so, can you sell the car to pay off any outstanding arrears with TFC?

 

Someone on here asked me to send my papers so they could look at them but but i never got a response, so not sure if they actually worked for the companies in question!

 

Sorry if im going over old ground, but im still a bit confused!

 

Thanks

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