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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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Bill Of Sales and repossession of goods - NOTE: much of this is now out of date - dx 2016


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Hi Guys,

 

No is the answer.

 

The Bills of Sales Act was amended to allow a person from the company to witness the signature on the agreements, but the witness CAN NOT sign the CA and the BS there has to be three people present. The borrower the rep of the lender that sins both the cred agreement and the witness who can be an employee

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This now has my attention

 

i have a fixed sum loan agreement secured by a bill of sale

 

both have been sdigned by the same person

 

the vehicle in question was repo on the security of the bill of sale

 

can you please give a relevant link to the statute or case law link to affirm this

 

many many thanks

 

i am acting on behalf of a third party

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Bills of Sale Act (1878) Amendment Act 1882

Section 10

 

AttestationThe execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being a party or parties thereto. So much of section ten of the principal Act as requires that the execution of every bill of sale shall be attested by a solicitor of the Supreme Court, and that the attestation shall state that before the execution of the bill of sale the effect thereof has been explained to the grantor by the attesting witness, is hereby repealed.

 

I BELIEVE THIS IS THE ANSWER TO MY QUESTION

 

DO YOU AGREE NICKY BODMIN

REP WELL AND TRULY EARNED ON THIS ONE IF CORRECT

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The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being party to the parties thereto means the person signing the credit agreement cannot sign the bill of sale

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The execution of every bill of sale by the grantor shall be attested by one or more credible witness or witnesses, not being party to the parties thereto means the person signing the credit agreement cannot sign the bill of sale

 

Hi Postggj,

 

you may want to revisit my thread on this very same point. It was the thread that you originally responded that you were going to react too, but didn't? It covers the same grounds, that of attestation same signature on BOS point. Incidentally, later in that thread, reference is made to an appeal that is currently in place on this very point between LBL and the OFT. You may want to research further before advising 3rd party? http://www.consumeractiongroup.co.uk/forum/showthread.php?278273-Attestation-same-signature-on-BOS-Affidavit-amp-CCA-Credible-witness-Party-thereto Hope it is of help?

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  • 2 years later...

closed

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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  • dx100uk changed the title to Bill Of Sales and repossession of goods - NOTE: much of this is now out of date - dx 2016
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