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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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Another "Screwing" Technique


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And further to the above......

 

They do do VT - you might not have reached half way. It is not at their discretion but you need to check the type of agreement. Their are some dealers (Rover owners might recognise this) that will offer you a 'credit sale agreement'. This is just a loan and not an HP therefore you have no VT options. You could settle esarlier though in the normal way but you are into the rule of 78. You should get a rebate of charges though. Get a value on the car and see if it exceeds the outstanding amount. Remember - if you VT the dealer will probably get the commission he earned from your finance clawed back from the finance house. By using a CSA he protects his commission.

Again, HTH

BB

 

Hello again,

 

We have looked up the value of the car, as it was a limited edition model, they have held thier value quite well (it's a Hyundai Getz - they don't make the auto/1.6 any more) but I don't think we'd cover the finance, we might try and list it on ebay and see what happens, if we could get enough even to cover the bulk of the finance we could pay it back and job done! I will look into the credit sale thingy though!

 

Thankyou!!!!! :)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Hello again,

 

We have looked up the value of the car, as it was a limited edition model, they have held thier value quite well (it's a Hyundai Getz - they don't make the auto/1.6 any more) but I don't think we'd cover the finance, we might try and list it on ebay and see what happens, if we could get enough even to cover the bulk of the finance we could pay it back and job done! I will look into the credit sale thingy though!

 

Thankyou!!!!! :)

 

Hiya. No problem. Somewhere on the agreement it should say what it is. I would expect it to be near the top on the front page. Given its only a couple of years old try calling the delaer who sold it to you and see if they would buy it back. Rather than worry I would just call the finance company ask them exactly what type of agreement it is. They should be able to tell you.

 

All the best.

NEW Barclays Bank claim - £80 requested. LBA not acknowledged yet. 14 days have passed. Moneyclaim about to be dispatched for second time.

 

Barclays Bank - £2155 requested. LBA acknowledged and awaiting response. Offer of £875 made and refused. Moneyclaim issued 20th June 2006. Court date issued for 15th November 2006. £2325 including costs.....and growing at 39p a day

 

Amex - £15 refunded.

Halifax Credit Card - £25 refunded.

Co-Op Credit Card - £25 returned. Credit file amended.

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Hello again,

 

We have looked up the value of the car, as it was a limited edition model, they have held thier value quite well (it's a Hyundai Getz - they don't make the auto/1.6 any more) but I don't think we'd cover the finance, we might try and list it on ebay and see what happens, if we could get enough even to cover the bulk of the finance we could pay it back and job done! I will look into the credit sale thingy though!

 

Thankyou!!!!! :)

 

Also worth doing a forum search on 'hire purchase hand back' i started a thread a while ago and there was quite a bit of useful stuff in there.

 

Hope this helps.

Advice & opinions given by Woolfie are my own, and are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...
It's otherwise known as the "rule of 78" which has since become illegal and will no longer be allowed on existing loans from 2007.

 

Hi Dave,

 

I have a question...

 

I have a 6 year loan with Northern Rock which I'm about 2 years into repaying.

Does this change of the law in 2007 mean that if I wait 6 months before paying the loan early I won't be subjected to the "rule of 78" charges?

It's mentioned in their terms and conditions + examples of how much I'd have to pay back. Does the new law apply to any existing loan or only on loans taken out in 2007 onwards?

If this is the case it may be worth waiting a while and not get hit with high early settlement interest charges.

 

Many thanks for your time, James

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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My understanding is that the changes will only apply to new agreements made after that point. I did also think that it was up to the finance company itself. So some may be changing early. I would ask the finance company.

Sorry but I hope this helps.

NEW Barclays Bank claim - £80 requested. LBA not acknowledged yet. 14 days have passed. Moneyclaim about to be dispatched for second time.

 

Barclays Bank - £2155 requested. LBA acknowledged and awaiting response. Offer of £875 made and refused. Moneyclaim issued 20th June 2006. Court date issued for 15th November 2006. £2325 including costs.....and growing at 39p a day

 

Amex - £15 refunded.

Halifax Credit Card - £25 refunded.

Co-Op Credit Card - £25 returned. Credit file amended.

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  • 5 months later...

I'm going through the process of complaining about the Rule of 78 with the RBoS.

 

They have told me that the formula is iaw CCA 1974, however there is no formula in there (or have I missed it),

 

The formula is actually contained in the Consumer Agreements(Early Settlement) Regulation 1983.

 

Now if this is the case and I signed my agreement to be governed by the CCA 1974, surely they should have specified in the terms and conditions of my loan what formula would be used in the event of an early settlement, which they haven't.

 

Anyone had any success getting them to drop the rule of 78 and is the formula contained in the CCA 1974?

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Scrooge

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Why pay charges!

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