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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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Stayed Erudio SLC Loan Court Claim - missed deferment as i moved - ombudsman found in favor claim stayed can i sue/counterclaim Erudio


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Hi,

I’ve scanned through your posts and have been through a very similar situation with Erudio and have just had my complaint upheld by FOS after almost a year of back and forth and great stress.  I don’t know where you are with this now as I don’t have time to look through all of your posts but wanted to share some info in case it helps you or somebody else. 
 

Are you still able to provide further information to the ombudsman for the final decision? as I could possibly help with some information on previously upheld decisions. The FOS should now be fully aware that Erudio changed their processes in 2021 and no longer emailed the deferment reminder, causing many people who hadn’t updated their addresses to miss the deferment window. They claim they sent texts with a link to a reminder  but a lot of peoplereporting that they either didn’t receive text or the link didn’t work. 
 

FOS are upholding complaints on the basis that Erudio made no effort to contact people by any other method after deferments were missed and accounts went into arrears. These are people who have successfully deferred for 20+ years and FOS state that it is standard industry practice to try and find people’s new addresses in order to make contact. 
 

it is clear that Erudio chose to change their processes in 2021 to catch people out and of course it is in their interest not to make any effort to find these people. The only contact you eventually receive is once the debt has been passed on to DCA. I can refer you to a couple of decisions where people either didn’t change their address or Erudio claim not to have received the change of address. 
 

The key thing is though that FOS are upholding complaints mainly because they feel Erudio could have done more to contact people once the situation became serious enough to go to DCA. Especially if that person had been successfully deferring for decades. 
 

It is also worth pointing out that FOS don’t necessarily look at other decisions when considering your complaint and I’ve had to refer them to previously upheld complaints where the situation was remarkably similar. In fact, my first attempt at a complaint was not upheld but I appealed citing another FOS decision where the complaint was upheld. It then went back to the case handler who upheld it. Erudio appealed but it was upheld again. Erudio appealed again and then it went to ombudsman for final decision and they have upheld it again. 
 

I wish there was a way to tell everyone dealing with Erudio that they need to fight it. I almost gave up several times because it was so anxiety inducing. 
 

if this is too late for you, and I hope it isn’t, please bear in mind that you can always make an offer to pay off a percentage of the final balance to clear the debt. I’m sure there are people on here who would advise against this but I understand they are accepting as little as 15% of the balance (I was considering offering 10% at one point just to get it out of my hair as I did not want to leave a debt hanging over me). Like I say I only considered this due to my anxiety but my conscience just couldn’t allow it in the end as I’m just so disgusted with how this company operates.  My relative was willing to pay 10% to clear the debt but if they did not accept the offer then they would get £1 per month for the rest of my life. 
 

I will update my original post about this once the decision has been published. 
 

Oh I also got some compensation because of Erudio’s call handler’s disgusting phone manner. They tried to convince me that I hadn’t done things correctly because I had just had a baby at the time and probably had baby brain and misremembered my actions. Incredible. 

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