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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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Perfect Home Harassment & Collection Practices (and Miss-Sold Policies)


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Hi there,

 

I have been browsing through the forums for information on these people and have come accross a few interesting posts. Let me tell you my story!

 

My partner & I rely on benefits for income (No surprise for a PH Customer). My partner is Sick & Disabled and in receipt of disability benefits and I have a weekly Carer's allowance for staying at home and taking care of us both. Back in 2010 we got a Washing Machine from them and then 5 weeks later they allowed us to get a Laptop.

 

Now the account is always paid up to date. However, it often goes a week into arrears because we get paid fortnightly and like most people on benefits, we are sometimes subject to reasessments and mix ups with the DWP resulting in our payment days/amounts changing.

 

We are now 9 weeks away from settling our Washing Machine and 14 weeks from settling the laptop. When we took out BOTH items we were "forced" into taking their Theft & Damage Policy AND their CoverPlus Policy which covers against maintenance and repairs. We didn't have our own (and still don't) home insurance so we were told we HAD to have these.

 

Now I recently found out the CoverPlus is totally optional, regardless of whether you have our own cover elsewhere or not and I'm in the middle of drafting a letter for them to reclaim these costs. However, from reading these forums it would appear I shouldn't have had to pay for the TAD either! Before I demand refunds for that too, I wanted to just check the facts and make sure I understood it clearly.

 

Also, I am including in my letter complaints of their harassment and bullying tactics. Like I already said, we have often gone 1 week into arrears and are constantly getting threatened by them saying they are going to collect the goods, call the police etc... They turn up at our house and recently sent a Debt Collection Manager from, head office who refused to leave the doorstep, threw a piece of paper with his name and number on it into our home as I closed the door on him, called me on my mobile 5 or 6 times afterwards until I picked up, called me stupid for not agreeing to let him take the goods AND then sat outside our house watching us for half an hour afterwards.

 

I have already complained to them once about the optional CoverPlus being added to our account and told them I won't pay them another penny until it is removed and refunded. They dismissed my complaint, refused to write to me explaining why and are now hounding me daily for payments which still include the CoverPlus. So before I write to them again and demand this is refunded, should I also include the TAD cover as well or did they have the right to insist on me taking this because I don't have my own cover?

 

To give you an idea of the scope of my claim. I did some calculations. I have just over £200 left to pay (total for both items) to end my agreement with them. That includes TAD but NOT CoverPlus. After I add up everything I have paid them and subtract what I would have paid them without the CoverPlus, I have currently overpaid by £800+ so I have told them I do not intend to pay the final £200 because if anything they should be taking that off of what I overpaid and refunding me the remaining £600... But if I am to reclaim the insurance too... well that could be even more.

 

I have also told them they won't be getting their goods back. I know that once they are 1 third paid for they are "protected" and cannot be reclaimed without a return(s) order from the courts. I also know the courts would never grant one when there is only £200 from a contract worth over £3000 remaining.

 

I will wait to hear from some experts about what I should include in my letter.

 

If there is legislation somewhere that will back up my claim, please can somebody point it out to me.

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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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same applies

 

go get them

 

you dont owe a penny they owe YOU>

 

you should also be complaining to the OFT about that manager.

 

dx

  • Confused 1

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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Share on other sites

Thank you for your feedback dx.

 

I will include a section in my letter addressing the insurance cover and see what they say. I have made an "amicable" offer for them to consider. They claim that I owe them £200 more to finish my agreement. I claim they owe me £800 in over-payments for the Optional Service Cover. This is without even taking the insurance into account. I have agreed to drop the matter if they close my agreement, transfer ownership to me and refund me that overpayment. I have made this offer without prejudice and told them if it is denied and they choose to take me to court to apply for a return(s) order, I will counter-claim for that £800, plus insurance costs, plus legal costs and compensation for stress and discord.

 

I will re-post here once I get a response.

 

My advice to anyone else dealing with these people... Educate yourselves! Know your rights & Do NOT let them bully you. They rely on people not knowing their rights and being scared of them. They have NO LEGAL POWERS over you and those goods if you are at least 1-third into your agreement. Don't let them tell you otherwise!

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