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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.

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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.
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      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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Notice of Assignment received 5 years after debt sold Citicard


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I received a Default Notice from Citi Cards in the post today. This surprised me somewhat as they agreed back in October to allow me to make reduced payments for a minimum of 12 months.

 

I have, in return, sent a CCA request off to them which I have not previously done, well whats good for the goose and all that.

 

Seems very strange to me that they have stopped interest and charges for all these months and I have had no communication from them at all, bar my monthly statements.

 

Of course their letter states that if in the meantime I have any queries I can always ring them on their expensive 0870 number..yea right!

 

Could this just be a standard computer generated letter which they send everybody after a certain length of time?

 

Any advice gratefully received. Thanks :)

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Have you maintained the arranged payments agreed back in October 2007 ? If so they should not have issued you a default notice. Do you have a copy of this agreement about the arranged payments from Citi Cards ?

If you have taken a personal loan or credit card in the UK, it should be regulated by the Consumer Credit Act 2006. If the payments are in arrears the creditor must issue a default notice before legal action can be commenced. You can find out if your agreement is regulated by looking at the agreement itself. Do you have a copy of the original agreement ?

The default notice should state:

  • Name and address of creditor issuing default notice and name and address of the borrower.
  • Type of agreement and details of the breach of the agreement.
  • Early settlement figure (for fixed sum only).
  • The action to be taken by you to remedy the situation and comply with the agreement.
  • The next action that the creditor intends to takes, should you fail to comply with the agreement.

The default notice must allow you at least 7 days to comply with the action required. A default notice does not necessarily mean that the creditor intends to take you to court, especially if it is complied with. If the default notice is asking for payment, it will include instructions. If the re-scheduled amounts can be afforded, then these should be paid before court action begins. Alternatively, you should seek advice (if you have other debts as well) and make a pro-rata offer to all your creditors.

The lender can start court action for recovery of the money after complying with the requirement to send a default notice, by issuing a claim form. Early communication with the lender to establish some mutually acceptable agreement can often prevent this happening. Court action will result in the registering of County Court Judgment against you and the issuing of an Order by the court that the debt is repaid either immediately or by instalments.

Communicate with them in writing only So that you have written proof of their intentions. Good luck and keep us posted

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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A default Notice is now 14 days for the required action. Be careful with Citi I am not sure what they are playing at but my claim for charges is with the FOS and they have assigned the debt to 1st Credit. FOS have now been in touch with Citi who have agreed to suspend collection until negotiations complete.

 

I would get in touch with Citi to see what they are playing at.

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I will be sending off a CCA request tomorrow and am also sending a separate letter to try and find out why they have suddenly taken this step.

Not sure if the Default Notice is correct will try and get it scanned in.

 

Just find it very strange they suddenly sent it without contacting me about the agreed payment plan first.

 

I'm sure they are all tightening up because of this so called credit crunch.

 

I will be in a position within the next 2 months to start offering F&F settlements to my creditors,

as I only owe Citi about £1500 I possibly could have cleared it all,

 

but they will now be added to the Barclaycard and Sainsbury pile and will not get offered anything until I have paid what I owe the other creditors

who have agreed to my token payments, stopped interest and charges and have just left me alone! :)

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the CCA2006 came in on the 6 april 2007 any credit agreements made b4 then will fall under the 1974 rules.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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My CCA was signed for yesterday (20 Feb) so the clock now starts ticking, they have until 10 March to send me my agreement. I sent them another letter under separate cover as well asking why they have taken this action when I was abiding by the reduced payment plan.

 

Anybody know whether they are any good at getting agreements to people within the time they should? :)

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well good luck DM.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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2 days is delivery days then 12 days after the day it was signed for.

 

Monday signed for

Tuesday day 1

 

etc

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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glad your not holding your breath. It would not be fun. :)

 

Hope you are ok.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I got my usual Citi Cards statement today showing my token payment and also as per usual showing no interest and no charges,

does seem very odd that they would issue a default notice when they are obviously letting me continue with reduced payments.

 

I think its a computer generated default notice they issued which probably goes out automatically to any customer who hasn't met the minimum payment

for x number of months.

 

No sign of my CCA yet, and also no reply to my letter asking them why they sent it in the first place. I'll keep you posted. :)

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I have today received a response to my CCA request, it was received recorded delivery,

although I never signed for it, it was just pushed through the letter box.

 

The response states:-

 

"We regret to inform you that section 78 CCA 1974 does not require Citifinancial to provide you with a copy of the executed agreement as you appear to believe

, it requires Citifinancial to provide you with a copy of the executed agreement as defined by the Consumer Credit (Cancellation Notices and Copies of documents) Regulations 1983..

 

The obligation to provide you with that document is fulfilled by the provision of the terms and conditions,

which are supplied to customers upon reissue or issue of their card, being printed on the card carrier.

 

We enclose a copy of the terms and conditions for your account, this is an industry standard document and conforms with the regulations".

 

It then has pages of T&C's etc, but not even an application form let alone an agreement.

 

Am I right in thinking they are trying to pull a fast one?

 

I want to reply to their data protection officer and obviously want my facts to be correct before I do so.

 

Any help much appreciated. :)

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Am I right in thinking they are trying to pull a fast one?
Yes. Send them the following letter.

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

 

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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on the go forth and multiply letter. They are not going to like that.

 

Anyway have fun with them.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Rory - thanks for that, much appreciated. I will post off on Monday, as I've left their address at home! :)

 

I get very annoyed when these companies think we are all stupid, and that because they send a letter and pile of copy T&C's we are just to accept that what they say is true.

 

Its now very near the time that I will be offering F&F settlements to my creditors, any idea what percentage I should go in at? :)

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10%

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Really? That low? I suppose they are only going to say higher and its just a case of bartering. Do I need to say to them that it is F&F and my file should be updated to show as settled etc? Never thought I'd get to this stage and am looking forward to finally getting these cretins off my case! :)

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well what i would be inclined to offer is based on what they have.

 

Do they have the relivant documentation to say the debt is theres to collect and legal?

 

Is there any charges on the accounts that are not legal unless they have the documents?

 

If not then take to current balance. add up all the charges etc take this from the current balance then work out from there what u are willing to pay.

 

Some ppl say they will offer a settle ment of say 10% based on the following details.

 

* Before payment is made you have in writing that this company and any other company will not try and recover the out standing debt.

* All charges are removed as part of he F&F offer.

* All information regarding the debt is removed from your credit file.

 

Then see what they say. You may be able to negotate a bit with them but l would say the Max of 25% and see what they say.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

I sent off the letter Rory suggested above to Citi cards a couple of weeks ago but have received no response.

 

Today I have received a "Notice of Assignment" advising they have assigned the debt to 1st Credit and I am to send payments etc to them in future.

 

Firstly am I right in thinking they should not have assigned the account as it is in dispute?

 

Secondly I am just preparing my F&F settlement letters to send off in the next few weeks, obviously I can't now offer anything to Citi, or can I?

 

Does a notice of assignment mean they have sold the debt to 1st Credit?

do I wait to hear from 1st Credit and then send them a CCA request, or should I just write to citi cards with a cc

to 1st Credit advising they are in default, the account should not have been assigned and at the present time the account is unenforceable,

or should I just offer 1st Credit the F&F I was going to offer Citi?

 

There are no unauthorised charges on this account as they allowed me onto a reduced repayment programme and stopped interest and charges.

 

I would rather just get rid of this by paying them what they will accept,

but I know from reading on here that 1st Credit are a bunch of muppets (had a problem with DH years ago which involved them

- they then passed it on to Mackenzie Hall who disappeared once we proved the account was statute barred).

 

 

Any advice on this bunch of clowns and my way forward would be much appreciated. :)

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well DM from what i have read you dont need much advise.

 

firstly you are rite a indispute account is not suspose to be passed on but they do pass them on.

 

secondly you need to wait till you hear from 1st crudit. then you need to write to them CCing in citi saying you are not going to accept anything from 1st crud as citi are in deafult of your cca request and you will on pay citi as they have broken the Consumer credit agreemnet of 1974 by passing on a disputed debt to a third party.

 

You also reserve the rite to contact TS and OFT over the breach of the Consumer credit act of 1974 if they dont take the account back from 1st crud.

 

Carry on with the F&fs to everyone else and see what citi do now.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi GM and thanks for your reply. As the Citi letter was not sent to me recorded delivery I of course might not have received it :D I am therefore writing to Citi with a F&F offer and see what they come back with. I really don't want to get tied up with DCA's etc if I can help it. I will keep you posted.

 

Now off to do the F&F to Barclaycard and Sainsburys with the added bit that as they don't have an enforceable agreement they should really be grateful that I'm offering them anything! :)

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remember to offer barclays next to nothing as they have been a pain in the bum.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The only problem with that is that they won't accept it and I really do want to get rid of all these vultures once and for all.

I don't have an unlimited amount of money to throw at them and I won't get into a bartering situation with them,

they either accept what I offer or the money will go to someone else,

out of the 5 it will be interesting to see who, if any, accept what I've offered.

 

I count my blessings that I'm now in a position to get out of my present situation and stay out of it,

this site has been an absolute god send in the past few months and its certainly made me stronger and more confident to deal with these compaines.

 

Next step is into the Halifax to ask if they want us to deposit our inheritence cheque,

when they say yes of course we do, we will reply, well, we suggest you refund the £68 charge you've just imposed on DH's account for going £1.63

over his overdraft limit, once they've refunded it,

 

we will deposit the cheque and then draw it all back out again and put it somewhere where they appreciate us!

 

We think we will then both close our Halifax account despite being customers for over 15 years. :)

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