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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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Sillygirl1 v cap1 & GMAC


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Some time ago I had a lot of hassle with Capital One claiming I had a credit card from them and the case went to court, I had had a string of telephone calls from Capital One at my old work place and my old home (I was repossessed in October last year, another thread on that to be posted soon) - Capital One failed to show up for the hearing and the judge threw their claim out. I had a cancellation notice for a CCJ they had issues and that was cancelled, a notice of discontinuation received from Capital One.

 

I thought that would be the end of it but there have been continued letters from the (and a call froma Scotcall agent) since the issue of the notice of discontinuation. Some letters have been from Hamptons Solicitors (copy of notice of discontinuation sent to them) and some from DCA's (Legal & Trade). I have all the paperwork (including CCJ appeal, cancellation and notice of discontinuation) in order and I was wondering what to claim

 

1. Charges on the alleged account

2. Breach after sending notice of discontinuation

 

I've heard nothing at my new address so far but expect it won't be long before another DCA will start again.

 

Any advice would be welcome. I've been told I could go to the FSA or Ombudsman but wondered which one would be best.

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Hi and welcome sillygirl1

 

You would be unable to claim any charges that you have not actually paid. I have moved this thread to the Capital One Forum where hopefully someone has experienced a similar thing to you and offer more specialised help.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 3 weeks later...

After reading through this website I telephoned the FOS and a very nice girl took details of two claims from me, one against GMAC on my old mortgage and one for Capital One.

 

For Capital One I NEVER had the card they claimed, and the case went to court in February last year, I showed up, they didn't and the very nice judge told me exactly what to write down and have the case cancelled. The case was duly cancelled and I received a Notice of Discontinuance from Capital One. Shortly after though I received chasing letters from their DCAS and Hamptons and other parties, including a letter and visit from Scotcall. I showed the Scotcall bloke the Notice of Discontinuance and away he went. I have't been chased since about October which was when I was repossessed. ( I didn't leave a forwarding address, only to my bank and current building society).

 

With GMAC I had a second charge with London and Scottish, and it was London & Scottish who carried out the repossession. A couple of days afterwards a letter was received which stated the two companies were changing ownership of the property and cited two different solicitors companies in the same building..... I am claiming back charges on this one as they sent a debt counsellor round who falsified evidence (said I had a car and £400 a month clothing allowance - I don't drive due to arthritis and dodgy eyesight and if you saw my clothes you would know I don't spend that much money on them! So far there is no evidence that my old property has been sold on the Land Registry and I've received no letters from GMAC or London & Scottish.

 

Progress reports will be posted as events happen

 

GMAC RFC xxxxx initial claim to FOC 20.04.2007

Crap1 xxxxx initial claim to FOC 20.04.2007

RBS (2003, closed due to charges) £10 sent 20.04.2007

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Guest louis wu

Hello,

 

Thats quite a story.

 

I think it would be in your interest to post this thread in the 'general debt' forum, I'm sure there will be people with similar experiences that would discuss your issues with you.

 

It seems that this isn't a sit back and wait and see situation, but having said that, I wouldn't know where to start.

 

I'm sure you'll get help/advice as and when its needed.

 

Good luck

 

Louis

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Louis, Thanks, I don't know how to change the forum I am on, whilst I know a bit about computers I am fairly new to forums like this. Can anyone suggest how to change the forum.

 

Forgot to mention that I have also seen off Westcot over three alleged debts for my old place, I know I paid nearly everyone off last year and only had the mortgage debt left. Westcot have had a claim put into Trading Standards about the advice given to me by one of their employees 'go to the police as fraud has clearly been committed'.... I said 'Okay I will, and you are the people who have committed it!"

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Guest louis wu

Hi

 

Near the top of the page is a box which says

 

consumer action group > welcome to our forum

Sallygirls v Them

 

Click on the consumer action group (bit) and it will take you out to the main screen.

 

If you scroll down the page you go past a lot of Green options, and then onto a new section of blue

Keep going to the next section, a smailler section headed 'Debt Action Group', and the first forum there is general debt. Click on that and start a thread just like you did here.

 

Any problems post again and we'll have another go.

 

Louis

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After reading through this website I telephoned the FOS and a very nice girl took details of two claims from me, one against GMAC on my old mortgage and one for Capital One.

 

For Capital One I NEVER had the card they claimed, and the case went to court in February last year, I showed up, they didn't and the very nice judge told me exactly what to write down and have the case cancelled. The case was duly cancelled and I received a Notice of Discontinuance from Capital One. Shortly after though I received chasing letters from their DCAS and Hamptons and other parties, including a letter and visit from Scotcall. I showed the Scotcall bloke the Notice of Discontinuance and away he went. I have't been chased since about October which was when I was repossessed. ( I didn't leave a forwarding address, only to my bank and current building society).

 

With GMAC I had a second charge with London and Scottish, and it was London & Scottish who carried out the repossession. A couple of days afterwards a letter was received which stated the two companies were changing ownership of the property and cited two different solicitors companies in the same building..... I am claiming back charges on this one as they sent a debt counsellor round who falsified evidence (said I had a car and £400 a month clothing allowance - I don't drive due to arthritis and dodgy eyesight and if you saw my clothes you would know I don't spend that much money on them! So far there is no evidence that my old property has been sold on the Land Registry and I've received no letters from GMAC or London & Scottish.

 

Progress reports will be posted as events happen

 

GMAC RFC xxxxx initial claim to FOC 194.2007

Crap1 xxxxx initial claim to FOC 19.04.2007

RBS - old bank account - £10 sending 20.04.2007

 

I think I've managed to do it - can you check under the General Debt forums for me.

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  • dx100uk changed the title to Sillygirl1 v cap1 & GMAC
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