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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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Well Debt Star

 

It basically means no CCA no enforcement of debt. They can ask you to pay but, hey ho if you say get stuffed there's nothing they can do. They are hoping your sense of fair play will keep you paying. Write to them tell them you can't afford it if that is the case and pay them what you want to. If on the other hand you want to tell them to go forth and multiply, (which I would personally not do ) but that is me, what is the worse they can do.... Keep sending you letters... Decorate the shed with them or make a nice underlay for the dog kennel if you have one. I know some one wiser may pull this apart, but my understanding from a high court judge decision was yes they are not enforceable but they have the right to ask you to pay without legal redress... The ball as they say is in your court... Sock an ace to them if you are really suffering financially or offer a 10% full and final settlement, they will probably bite your hand off for it. Then go to 5%

[sIGPIC][/sIGPIC]Happyhippy1959

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Jimbo45 you are right in one way but hey, they have no CCA they can add a million pounds, it is unenforceable, Marbles has said as much in there letter. Tell Marbles to hand your account to the US Marines, still the same no CCA no legal redress. OK Debt Star I have your marbles account now and my charge is going to be £10,000, but hang on what can I do to enforce it... Sweet FA, just write back to them and tell them your true situation and make an offer. As people have said marbles are notorious for losing CCA's and it looks like yours is one off, they admit as much in there nice letter, which reminds you that they have no legal redress. So go on bang in a Full and Final see what happens. It is your choice. You offer me £10.00 and we have a deal, because, what else could I do. NO CCA nothing as yet. I could go to court and say Debt Star owes me £2,000, what's to stop anyone saying you owe them money without a contract????

 

Your decision on what you do next. When did that letter come.???? It really seems like they have lost it, if they had it, they would have hit you with it asap.... But hang on for a while.

[sIGPIC][/sIGPIC]Happyhippy1959

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Just checked the date, they can say what they like about they always did that and this. this is January's 2011 date. Now I think, they have 14 + 2 day's to get you the CCA. Then it is account in dispute stage, you can stop paying, they can't legally hassle you. Some one correct me if I am wrong.

[sIGPIC][/sIGPIC]Happyhippy1959

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yep dpick, let them howl at the moon. Just hang in there debt star and see what they come up with, but I hope I am not putting a jinx on you, it looks rather like they have diddley squat. So no CCA, (priceless) and unenforceable and yes sorry 12 day's plus 2. But give em a little longer, but beware, some have been know to get out the copy and paste stick!!!!!!!!!!!!!!!!!!!!! If they do manage to dig it out of there archive post it up lets have a look and check your signature.!!!

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[sIGPIC][/sIGPIC]Happyhippy1959

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