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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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1st Credit


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Spoke to them it is for an address I left 9 years ago

 

SB then send the letter Jam, stop 1st Credit now!!

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Posted both SB and your letter

 

Well done Jam,if you need anything further just come back here.

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  • 3 weeks later...
Hi Brigadier had a letter from 1st credit acknowledging the debt is statute barred but legally still owing.

 

What does that mean ?

 

Keep that letter safe.

 

It means that they have confirmed that they cannot take legal action for the recovery of this debt. In England and Wales the debt does still exist but it looks like you have told them that you will not be making any payment against it. That being the case they should now stop chasing you for it. The OFT guidelines confirm this. Have a look here.....Pages 45 and 46 are what you are after.

 

http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

If it were me I would just write back and thank them for the acknowledgement that it is SB and that you confirm that you will not be making any payment. Tell them that if they continue to chase you for this debt then formal complaints will be made to the OFT. Tell them that as far as you are concerned the matter is closed.

 

So what happens now?

 

Will they sell the debt on?

 

Will I still be chased for this crap?

 

Nothing happens now, they cannot do anything to you.

 

They may sell the debt on but again that would then lead to a formal complaint regarding the sale of know SB debts.

 

Do the letter as above and they should stop hounding you or else you do the formal complaint to the OFT.

 

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Hi jam,

Statute Barred in England and Wales means that the debt cannot be enforced via the court system, but the debt still exists and the 'owner' can pursue all means of collection short of enforcement in court. (in Scotland the debt is totally extinguished).

 

However in E & W the OFT Guidance on Debt Collection states 'that once the debtor has informed the creditor in writing that a debt is statute barred it is unfair to press for payment of the debt, to do so may amount to harassment.

 

You can ignore the letter or send the following letter.

 

1st Credit

 

 

ref: use theirs.

 

Address to the person signing the SB acknowledgment.

 

I write in response to Cabots letter dated xx.xx.xxxx acknowledging the Statute Barred Status of this alleged debt.

 

I am aware of the OFT Guidance on Debt Collection and the section regarding the pursuit of Statute Barred Debts, should Cabot contact me by any means regarding this matter I will consider it actions as amounting to harassment.

 

I would also point out the OFT's view on companies 'selling' statute barred debts without informing the purchaser of the status of the debt, so should this matter reappear in the hands of a 3rd party seeking to collect on this, the purchaser will be referred directly to 1st Credit.

 

Snail Mail over the hols.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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