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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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,

 

I had a plan setup with Natwest Credit Services due to a loan I had with them and I recently missed 2 payments due to be being out of work and trying to setup my own business (as this was the only viable solution for income).

 

I sent them a fax in early January with a new proposal and why I haven't paid and on the 14th I received an automated call from Allied International asking to call them, which I did asking who they were. They stated that they are only instructed by Natwest to collect in full and will not setup a plan.

 

The following day I CCA'd them and they received it on Friday 16th January.

 

I have received nothing from the Original Creditor saying they are going to pass it on and only a yellow slip from AIC stating they want payment in full.

 

Should I send token payments to the Original Creditor?

If they send a valid CCA what should my next step be as they seem to be determined to take me to court even though I have no assets, no mortgage. If they try and make me bankrupt is there a way to stop them as I now have a limited company, even though it's been trading for a couple of months is doing rather well.

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Hi idontknow:) When was the loan taken out? Tell them to jump for the full amount, AIC are big bullies. If you have received nothing from OC, send them a token payment of £1 until your situation improves. In the meantime wait until they go into default of your CCA request, then you are not obliged to pay anything until they send your agreement. If they send you anything, post it up here and we can tell you if it's enforceable. Don't speak to AIC muppets on the phone any more and don't give them a copy of your signature. You will get throught this (much to the disgust of AIC):D

<<<If I have helped please tickle the scales;-)<<<

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Thanks for the swift reply. I took it out in Jan/Feb '06, defaulted in Dec '06.

 

I can't remember how much I took out just how much they say is left which is 21k.

 

Some of it was to pay off a previous loan, not sure if that makes a difference.

 

In my cca request (which I didn't sign) I also stated for all correspondence to be done via post and used the common law revoking access to my property if they wanted to see me.

 

I got some information from a friend who is a Barrister regarding the CCA route going to court but i don't want it posted here as it may hurt some peoples defences, who can I send a private message to?

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One of the mods or site team. If you click on the triangle on the left of your thread, this reports the thread to the mods and they should know who it is best to send your pm to.:)

<<<If I have helped please tickle the scales;-)<<<

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  • 2 weeks later...

bump.

 

They haven't returned the CCA within the 12+2 days so I presume they are now in default.

 

What should I do now?

Can they return it to the original creditor?

What action are they allowed to take, if any?

Are they allowed to file court proceedings while in default?

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  • 1 month later...

Natwest have written back saying they have misplaced the agreement.

 

I was thinking about sending them the template which states 'return my account to 0' but i've read threads on here saying that they have mysteriously found it, but no one can prove whether they have created a document from a signature.

 

How should I proceed?

I was thinking about a 'full and final settlement' template offering 5% of what they state is the remaining balance and ask to remove any defaults just to get it sorted.

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