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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 i recieved a letter from mbna this morning stating that unless i make a payment 0f £845 by next week they will sell my debt.

 

 

Can anyone advise what to do ??

 

They increased my limit about 4 times in 2 years which has me in debt to £10,876

Are they allowed to do this ?

Has this any bearing on the agreement ?

 

Please Help !!

Dave.

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Hi Dave

 

What is the status of this? have you paid anything recently?

 

You can offer payments of what you can afford.

 

It's no big deal if they sell the debt; you'll just be hassled by DCAs instead of MBNA which can be a mixed blessing.

 

More info and background would help.

 

Best wishes

 

vic

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http://www.oft.gov.uk/news-and-updates/press/2010/136-10

 

Hi Davecoins,

 

Have a read of this link for a bit of insight into MBNA.

 

In order to get any advice, can you offer some more details?

 

How old is the card, have you sent a CCA request, when did you last pay?

 

I guess, if they are talking about selling the debt, you have not paid for a while.

 

Have you approached them to tell them you are in financial difficulties?

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Hi Thanks for the replies,

 

The account is about 6 years old I last paid something off the card October 2010 after which i lost my job and could not pay any more since.

 

They have been told i lost my job and am struggling to raise a family on benefits

But they just keep ringing and sending letters, the interest and charges keep piling up every month.

What is a CCA request ?

If they sell my debt will collectors be calling to my house repeatedly? What powers have these debt collectors got ? Can they remove possessions ? or is it a case where they just keep at you to pay?

If they sell the debt does the interest keep adding on and charges ?

Does my association / agreement with mbna cease when they pass the debt on ?

 

Dave.

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Hi Thanks for the replies,

 

The account is about 6 years old I last paid something off the card October 2010 after which i lost my job and could not pay any more since.

 

They have been told i lost my job and am struggling to raise a family on benefits

 

Have you put this in writing to them?

 

But they just keep ringing and sending letters, the interest and charges keep piling up every month.

 

This is standard practice, you tell them you need help, so they just increase the debt and make it more difficult.

 

What is a CCA request ?

 

This is an official request to see a copy of your credit card agreement to which they have to reply within 12 +2 days, a lot of older MBNA agreements do not contain the prescribed terms and could be unenforceable (the debt remains) however, it gives you more negotiating power.

 

If they sell my debt will collectors be calling to my house repeatedly?

 

You may get letters threatening doorstep visits, but these are 99% idle threats and can be dealt with (I have never had a call in over 2 yrs)

 

What powers have these debt collectors got ?

 

None whatsoever!

 

Can they remove possessions ?

 

Absolutely NOT!

 

or is it a case where they just keep at you to pay?

 

You're getting the idea!

 

If they sell the debt does the interest keep adding on and charges ?

 

Depends, some do, some don't (MBNA will continue until the account is terminated, if it is sold, the purchaser may carry on adding it)

 

Does my association / agreement with mbna cease when they pass the debt on ?

 

Again, this depends on whether the debt is sold in full or they use an agent to chase the debt on their behalf

 

Dave.

 

There is a library icon at the top of this page which will lead you to the letters you can use. Initially send off the CCA request which will cost you £1, send a postal order, send the letter by recorded delivery and print off the confirmation of receipt off the post office website.

 

When you get a response, let us know and more help will come along.

 

Most people will tell you not to discuss anything on the telephone with them, refuse to answer security questions and tell them written communication only.

 

Get reading the MANY MBNA threads on here so you can understand how they work and decide which is your best/preferred option.

 

You are not alone here, which you will soon realise.

 

HTH :-)

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