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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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This is the only one I have enquiries@oft.gsi.gov.uk

 

IMO, as this has been going on for far too long and they clearly are never going to go anywhere near a court or take any legal recovery action against you, I would stop playing the game of letter tennis, each and every time they send you one of their puerile missives full of lies, untruths and misinformation simply lodge another formal complaint with the OFT&TS.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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This is now the situation. TS were not much help and consumerdirect said even though cabot are in breach of the Administration of Jusice Act they do not get involved with individual cases.

 

In the meantime I am being bombarded with letters from cabot who I received a letter from yesterday saying they would pass the debt to an external debt collector. They are still insisting that statue barred runs from the date a deafault notice was issued I am getting so many letters it is now bordering on harrassment. And I am not sure what to do next.

 

This what they have now sent me.

 

We would advise you that we have set our position clearly and we re-iterate to you that the limitation period runs from the default date. Since your account defaulted on 28 April 2006, your account will not go statute barred until 28 April 2012.

 

We would also like to add that if someone has informed you that statue barred runs from the last payment then whoever is giving you that information is wrong.

 

We can also advise you that we have now escalated your account within our collections process.

 

We trust this clarifies the matter.

 

Yours sincerely

 

Cabot Financial

 

They are quite simply wrong. DonkeyB has already posted up the Swansea City Council -v- Glass [1992] reference.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

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  • 1 month later...

Cabot have recently passed the debt to clarity. I sent them a statue b arred letter and in return they have written and said they have closed the file and sent it back to cabot. Does this mean that cabot will now pass it on to someone else?

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Cabot have recently passed the debt to clarity. I sent them a statue b arred letter and in return they have written and said they have closed the file and sent it back to cabot. Does this mean that cabot will now pass it on to someone else?

 

Possibly, just send the stat barred letter as soon as they contact you.

 

S.

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back on the phishing list

waiting forthe next dca to buy the debt and try.

 

best bet is to not respond

 

your bug off letter will not be recorded on the phishing list

just a marker that you responded.

 

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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  • 2 weeks later...

as in 183 its started

 

dx

time to ignore them

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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Yep agreed, send them the SB letter and then complain to the OFT&TS via consumer direct, if any other clown chases this, ignore them and just complain to the OFT/TS.

Keep an eye on your CRF and if they are so foolish as to leave any false data on their then issue them with a claim for damages in court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

this has been going on since 207

 

the more you fire off letters the more they think they can spoof you.

 

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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Yep agreed, send them the SB letter and then complain to the OFT&TS via consumer direct, if any other clown chases this, ignore them and just complain to the OFT/TS.

Keep an eye on your CRF and if they are so foolish as to leave any false data on their then issue them with a claim for damages in court.

 

As said above complain to TS and OFT - and letter of complaint to Cabot mentioning that you have done this

Please support CAG and they will support you.

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this has been going on since 207

 

the more you fire off letters the more they think they can spoof you.

 

dx

 

Agree

 

As said above complain to TS and OFT - and letter of complaint to Cabot mentioning that you have done this

 

Also agree

 

My instinct would be to ignore their demands (obviously complain). Cabot are taking the pi**. If they were going to do court, they would have done so by now

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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