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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.

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      Many thanks 
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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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RBS Mint Card debt - Equivo then Wescot - CCA S78 return - enforceable?


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who are wetcloths stated client ?

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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and 

1 hour ago, dwr_fsg said:

Equivo

are just a rename of the old shoosmith solicitors who's client was also RBS

 

so debt is still with the original creditor.

 

when did you last pay this debt and why did you send a CCa request, cause you got chased by a powerless DCa and a solicitor acting as a dCA , without sending a letter of claim?

 

history please

 

dx

 

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

I was naive until last year when I learnt from your excellent site about the antics of DCA's. Until then, about July 2021, alas, I was paying Shoosmiths £5.00 per month on this, along side three other debts with Nat West, a Bank personal loan and two personal guarantees on Business borrowing where the business defaulted. I still don't know what to do about these latter debts.

 

I then received a letter from Equivo saying they had taken over the management of the debt from Shoosmiths and noticed that the Credit Card number was one of which I had no record so fired off the S78 letter to them and stopped paying. As you say no letter of claim

 

Now I have received the letter from RBS it at least clarifies that the debt is still with the original creditor.  

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well you didnt quite learn enough or absorb things properly then...

 

if a debt is still with the original creditor, and thats obvious by READING the letters these people send...our client RBS, then thee is never much point in sending a CCA request. that only becomes useful once the debt is SOLD...and for that you'll get a notice of assignment.

 

reading letters is the key, the letter didn't say they had taken over your debt, but they had taken over shoosmiths...

 

p'haps it might be a whole lot better to always CHECK HERE AND ASK, before you go doing anything in the future eh?...

 

i will guess that the loan and the debts subject to pg's have not been sold either?

 

 

dx

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

OK Point taken

 

I am clear that the loan and the debts subject to pg's have not been sold. As mentioned I am paying £5 per month so nothing to do unless they up the ante.  

 

On the Mint Credit Card I suppose I just have to wait for Westcot's next move. Then consult you before doing anything.

 

 

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no you ignore wetcloths totally ...they don't buy debts so are not the owner...geddit yet....

and OC's don't do court...so.. no anti they can ever up....

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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