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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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Hi ,dont know if ive put this in the right place

Hi,can anybody help or advice please, we had a car on ph ,welcome finace did the hp ,as we need a car as we had just had a baby and the pram was to big for the old car .All was fine only missed one payment in the first 12 month due to the fact my wifes employer sent her p45 half way thorgh her manernity leave and had to find another job,my wife found a new job with me at the same company .All was fine untill aug/sept this year as we had no work and missed a payment and then in october we was told on the thursday we were finished on friday the next day.This is were the problems start ,we aplied for the insurance in the case my wife lost her job ,but there dont payout for the first 31 days so this put us more in arears.Welcome ask us if we could pay 75 amonth we couldnt afford some they offerd 35 amonth .In late november my wife found a temp job mim wage ,but after the cost off petrol to get there and back we are only 20 pound a week better off than claiming the doleIn december i wrote them a letter explaining this and offerd to pay 35 amonth as offerd earlyer till we are both back at work and sent them a cheque for 35 for december whiched they cashed .Then this week we recieve a letter that we have defaulted and they intend to take back the goods ,have 14 days to pay the arears

We have paid 26500 off 5100 ,we have diceded that they can take the car back if that helps ,would we still have to pay the rest

any advice welcome

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Guest suziedarkness

Hi Mistydog,

 

First thing first, with a usual hp contract, if you have paid at least one third of the agreement then the company can not take back the vehicle without a court order.

 

Saying that, can you please confirm the following to me

 

1) when was the hp agreement taken out and how long is the term

2) How much was the total agreement for and how much have you paid.

 

I know you probably mentioned this in your post but could you please confirm this information so you can be advised correctly.

 

As far as Welcome go, they are known for making all sorts of threats to make you pay up. DO NOT be afraid of them and DO NOT talk to them on the phone. They have a way of pressurising people into making payments they cannot afford to. Write to Welcome making them the offer of what you can afford and tell them that you will not deal with them in anyway other than in writing. Make sure you send all letters recorded so that you have proof that your letters are delivered. Welcome very conveniently have a habit of not receiving letters.

 

Do you have a copy of the original contract you signed?

 

Suzie

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Hi, the hp agreement was taken out in novrmber 2006 *36 payments, the total amount was 50013.72 and we have paid 2681.85.

We are 799.89 in arears is includes letters they sent us @ 25.00 a time 3 call out fees when they called out to see us+100.00 for fone calls even though the last time i foned them they took my new fone number,but theses calls were to my old nimber.

As ive said they offerd us to pay 75 amonth ,we didnt agree so they offerd us 35 amonth .I sent them a letter saying i would pay 35 and sent them a cheque for that amount which they cashed.That to me says that they have accepted because they cashed the cheque bot two weeks latter we get without prejudice letter,if we can send the car back we would thanks

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hi mistydog

as you have paid more than a third they cant do a repo without a court order

if they do turn up, let them take it but dont give them the keys or anything else

 

if this happens you will get back every penny you have paid them

i helped out a cagger a few months ago on this

abd he got back eight grand

 

if you do give it back voluntry, welcome will come after the rest of the money

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Hi.i was told dont know if this is true,that if you have paid half and the good are in good condition you can send them back without owing anything .Need to find out if this is true,as the car is in better condition now than when we brought it thanks

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yes you can

 

its called a voluntry termination

only applies if no arrears are on the account

if you go down this route get it in writing that they accept the vt

 

seen to many threads where people have done a vt, only for a debt collector to come knocking later for the balance. guess what, welcome will class it as a repo and deny all knowledge of the vt

 

get it in writing

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Hi thanks for the information,i am in arears so dont know if we can go down that route ,but will write to them tomorow see what happens as ive paid half.Just makes you sick as ive gone everything they have asked ,told them my new number then get charged because they keep ringing the old number,they ask for 35 per month ,send cheque they cash it then the letter start again .

Is it true that if they agree to an amount and then take payment for that amount that they have accepted it any info please thanks

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