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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
      • 162 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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Can you please help me with an on-going problem that I Have.

 

For the past 3-4 years I have been paying Scotcall £20/month for an outstanding Natwest credit card (approx £3400 left to pay).

 

Since October I have been getting regular phone calls and threatining letters from APex saying that the monthly amount has not been paid; and it is my problem to sort out Scotcall.

 

I have spoken to scotall regarding this and they confirm that they are receiving the payment every month paying it to Apex.

 

After reading the posts on this excellent forum I wonder where Apex fit into the whole debt scheme (have they bought the debt off Natwest perhaps?).

 

If they have and dont have a CCA do I actually have to pay the debt, not trying to wriggle out of my responsibilities but am getting confused and dont want to end up with someone demanding the whole lump sum.

 

Many thanks in advance

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If they have and dont have a CCA do I actually have to pay the debt, not trying to wriggle out of my responsibilities but am getting confused and dont want to end up with someone demanding the whole lump sum.

 

It doesn't really matter from the point of a CCA if they have bought it or not.

 

Older NatWest card CCA's are not known for their enforceability, that is if they can find it. (In my case they could not).

 

You are perfectly within your rights to send a Section 77/78 CCA request to Scotcall, (they are demanding the money), to see if they have any legal right to collect the debt.

 

In letter templates, (on this site), you will find letter 'N' for this purpose. Send it recorded/special delivery, with a £1 postal order, (print your name, do not sign the letter).

 

They then have 12+2 days from receipt to provide the CCA.

 

David

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If they cannot produce it then you stop all payments..simple as that.

It might be worth mentioning..that Scotcall are not entitled to any money off you whatsoever anyway, without the authorisation of a county court first...so if you fancy telling them to get lost & demand that it goes down that route then thats up to you ;)

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Send the letter to whoever 'owns' the debt now, some DCA's will collect on behalf of.....have you ever received any notices of assignment from either Natwest (to tell you they have sold the rights and duties on to a DCA ?)....or have you ever received one from a DCA saying they now 'own' the debt ?

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Thanks 42man, still do not know who owns the debt - Scotcall are being helpful but Apex are the main agressors as it appears Scotcall are slow paying them; from this the I am assuming that Apex are the main 'stakeholder', so I will send the CCA request to them

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