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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
      • 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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Kapama


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Hello all .... Quick(ish) question ..... Original debt with minicredit in 2013 passed to opos - usual story escalated from £400 to almost £1800!!

Several emails with a Vicky Johnston up until September 2013 then all went quiet. I sent several emails requesting a response in 2014 but nothing and then obviously in December 2014 all changed and minicredit and opos ceased trading. I has been trying to agree a settlement figure but all my attempts were refused and then I stopped getting any replies. Last statement of account stood as the following:

 

Loan reference: xxxxxx

Date issued: 10/12/2012

Due date: 03/01/2013

Loan principal £400.00

Interest £576.00

Overdue charges £80.00

Debt Recovery fee £100.00

Attempt fees (£5 per attempt) £640.00

Total balance £1,796.00

Payments received

08/02/2013 £20.00

Total repaid: £20.00

Current outstanding: £1,776.00

Amended balance £1052.00

 

I was horrified to note a default registered on noddle this April by Kapama for the £1052 - I had heard that they were sold a number of debts however I had not received ANY communication from opos or kapama... Certainly no notice of default.

What can I do? I have no contact details for kapama and am reluctant to talk to them before I am armed with some information about my rights!

 

Any advice great fully received ... Thank you!

M

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kapama pulled the same stunt with me even though I had repaid opos before minicredit went out of business. I would lodge formal complaint with FOS about your minicredit account citing irresponsible lending - they are upholding nearly all minicredit complaints as minicredit cannot provide any information to support their charges. It is most likely that you will get all charges removed apart from original loan amount plus 1 month interest

 

I would then go back to kapama with a complaint stating the loan they are defaulting was irresponsibly lent - that is why I did and they have removed it

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Virtually all of those charges can be discounted, the attempt fees in particular are appalling and show the company has no scruples. The Atttempt fees alone in this case are more than the original loan and interest and could be deemed as unjust enrichment.

 

Follow acid53's advice and complain to all parties, but complain to Kapama first, give them 8 weeks to sort it out then go to the FOS - if you go to the FOS first they will only tell you to go to Kapama first.

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Hi all - brilliant thank you I will take your advice and see how it goes. I'm confident that I can get the extraordinary fees removed and of course I will happily make arrangements to pay the original loan amount, my biggest concern is getting the default removed. Fingers crossed!

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