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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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I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Ok, there is a slight inconsistency. In the page where the letter is it states...

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974

 

The trouble is, I have no way of telling exactly when they received it because of the bulk signing thing with recorded delivery. It doesn't show up on track and trace.

 

I guess I'll give them another couple of days.

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its not 14 days since posting, its 14 working days since they received it

 

To be clear, it is 12 working days from their receipt.;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks, I'll send it today.

 

Is there a procedure to follow if the "CCA not within timescale" letter and the CCA from the creditor cross in the post, or if they turn up a few days later?

 

Is it just a case of "tough!"?

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They'll send it when they like. They don't give a stuff if its late. By that point you'll have disputed the account for nothing. That's what Egg did to me.

Mozzone

_______________

Taking on the bloodsuckers

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Q. Can their failure to supply a subjcet access request be used to dispute an account? or does it have to be a cca request?

 

Yes, you should also complain to the information commissioners office,

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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The 12 +2 thing is:

 

You send the correspondence.

 

Once it's signed for, the clock starts ticking.

 

From that date, they have 12 working days (not including weekends and public holidays) to draft and send a response to your letter.

 

The +2 days is an extra two working days for their response to reach you in the post (allowing for the time taken by Royal Mail) which makes a total of 14 days from them signing for the letter and you having their response through your letterbox.

 

I hope that clears it up!

 

:)

 

 

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