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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Motonovo & DWF LLP - not sure what do


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dwf just chase debts ignore them.

 

on VT you will owe upto the 50% mark after the auction sale price of the car is removed from the balance to 50% owing

 

looks ilke they pulled a fast one and did VS because you didn't reply to something that should be in writing only not a text nor email.

 

they will also have charged you repo fees which they cant.

 

 

so have you a breakdown of the figure you owe?

what did they get for the car?

how much was 50% of your agreement, should be listed on the reverse side.

 

the fact tht you didn't WRITE and demand VT is immaterial as they state they knew you wanted VT.

 

pers id ignore them and let them do court as there is little they'll win at there with the trail of evidence you wanted to VT, NOT VS [owe they whole lot]

 

dwf are simply solicitor gofers i'd ignore them and block all text/email now.

 

 

so give us the figures please

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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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looks like you owe nowt to me.

they might even owe you!!

 

50% of TAP is … £6079.88

so with the payments you actually made and the sale of the car that well exceeds that figure

if you have good written proof via your comms that you wanted VT not VS, pers i'd ignore them and let them goto court where by you'll prove you case and counterclaim for the excess over £6079.88 back .

 

upto you if you ignore or WRITE ONLY telling them the above.

 

pers I think they are trying to pull a fast one and see if you can be mugged.

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

in post 1

 

There was a Voluntary Termination clause in the agreement, which I had told Motonovo I would like to use,

 

if you have proof of this, gameover for 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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Share on other sites

its a shame you appears to have gone radio silent on them once you knew about vt.

 

were you made aware there was a serious financial difference between VT and VS at anytime by them?...

 

cause if you were IMHO, they have [rubbing their hands together] taken the option that made them the most money.

 

urm…

 

when was your last payment?

 

did you instigate comms with them after that wanting to resolve the issue...or did they have to kick you to make you 1st respond to the outstanding sums and what date was this?

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

so your troubles with paying them date from an earlier time then..when did your troubles start?

 

were you made aware there was a serious financial difference between VT and VS at anytime by them?...

 

did they have to kick you to make your 1st respond to the outstanding sums ? or did you contact them first and explain you had issues?

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... 

Link to post
Share on other sites

so at no point did they even mention vs which is the route that they took

everything seems to be indicating and keeping to the line that you wanted vt from the very 1st time they mentioned it, never once mentioning vs.

 

imho you have a very good case here.

 

so upto you.

 

either

await the sar.

 

or write back now,

stating you feel it is unfair they have 'taken advantage of your simple failure to say yes to vt' to charge you more than what they should when it was clear from the get go that vt was the way you wanted to go.

 

they have failed to treat you fairly

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

either above not write stating you'll await the sar.

 

pers i'd do the latter.

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... 

Link to post
Share on other sites

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