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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
      • 161 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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Mint/triton/green & Co


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Hi just wondering if anyone can help. I had a debt of £650 with Mint. They passed it on to Triton who insisted I had to pay £80 a month. I am a full-time postgraduate student. I managed to reduce the debt to £219 through various part time work but now have no job and exams shortly. I anticipate I may be able to pay the debt in a couple of months when I am working full time but have run out of options now. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone. I have now received a letter 30/1/08 from "Green & Co" stating unless I pay the debt they will commence court proceedings in 7 days.

 

In addition to this I had a friend begin a claim for unlawful charges on the Mint Card in November. I received an offer of £95 pounds from Mint despite the debt now 'being in Triton's hands' but passed the matter onto a friend who has prepared the complaint to go to the FSO. The total amount of charges is in the region of £300. I am wondering how to progress now with the matter, can anybody help?

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Hi just wondering if anyone can help. I had a debt of £650 with Mint. They passed it on to Triton who insisted I had to pay £80 a month. I am a full-time postgraduate student. I managed to reduce the debt to £219 through various part time work but now have no job and exams shortly. I anticipate I may be able to pay the debt in a couple of months when I am working full time but have run out of options now. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone. I have now received a letter 30/1/08 from "Green & Co" stating unless I pay the debt they will commence court proceedings in 7 days.

 

In addition to this I had a friend begin a claim for unlawful charges on the Mint Card in November. I received an offer of £95 pounds from Mint despite the debt now 'being in Triton's hands' but passed the matter onto a friend who has prepared the complaint to go to the FSO. The total amount of charges is in the region of £300. I am wondering how to progress now with the matter, can anybody help?

 

Hi don't ring them at all they will just try to browbeat you into making a payment. Send them a letter stating the amount of the debt is in dispute due to charges and any interest that has been applied to those charges. These letters are normally we MAY commence proceedings etc, advise them that if they do issue proceedings you will be making a counter claim for charges etc. Then wait and see.

 

all the best dpick

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They passed it on to Triton who insisted I had to pay £80 a month. I rung Triton and asked if i could pay less and they point blank refused suggesting I should borrow the money off someone.

 

They have no right to insist anything.:x

I would have insisted that they make do with £1 per month in a like it or lump it sort of way.

As for them refusing your request to pay less - next time you speak to them, say you are refusing to pay anything to them & let them take their "actions" against you etc...:x

A court would soon put these cheeky muppets in their place :rolleyes:

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Don't speak to any DCA on the phone; write and tell them you will only deal with the matter in writing. They will invariably try to exploit telephone calls, and insisting that they always write will give you time to think and act.

 

Pressurising a debtor into further borrowing is contrary to the OFT Guidance; you can report them to Trading Standards for this.

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Triton are just another department of the bank, RBS, just like Mint. And if you look carefully at the letter from 'Green & Co', you will see they are just the in-house lawyers at RBS. All cosy in the same family.

 

I suggest that you send them a CCA request with £1 postal order. See the template letter. If you sretch it, also send a SAR with £10 to gain all you stateemnts over the last 6 yeasr to see if there are any unlawful charges that you can claim back.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Ok will send a CCA letter? Just a quick question though have I not already acknowledged a debt with them by already making some payments?

 

Hi Just put a large heading "THIS ACCOUNT IN DISPUTE" Then when they comply with your CCA 1974 abd S.A.R - (Subject Access Request) requests you can check

 

1) is the "agreement" supplied enforceable

2) Calculate the charges and any interest applied to those charges, If that would not clear the balance and the agreement is valid then I would start paying them and reclaim charges etc to reduce your balance.

If on the other hand the agreement is unenforceable by the creditor it is still enforceable by you. This is my position with MBNA and I am at court with them to declare agreement unenforceable and refund charges, interest etc.

 

all the best dpick:)

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  • 1 month later...

Hi ok I sent the CCA as suggested by registered post on 6th Feb, Triton then sent me a letter saying they would pass it on to mint. I've heard nothing since but then today I receive a letter from Newman Debt Agency saying they want a cheque for £220. I don't really know what to do next can anyone help?

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I suggest this excellent letter to Newmans along the following drafted by Curlyben (suitably amended)

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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