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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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Lowell and EGG


Barney1011
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Hi,

 

1st time post on here after reading from afar,

 

i had a debt sold from Egg to Lowell which i have been paying back at reduced payment every month,

i never knew balance after reading on here sent a cca request.

 

They sent two letters stating they have requested the request from their client and are awaiting a response.

 

They have sent a further letter now stating:

Dear.......

 

Your credit agreement

 

We refer to your recent request for a copy of the original credit agreement for this account.

 

After liaising with Egg in an effort to obtain this document we have been advised that it is no longer available

due to the length of time since the account was opened with you.

 

We are closing your account

 

At this time we have closed our file and will not make any further contact with you concerning payment

against this account unless the copy of the agreement is received at some point in the future from Egg.

 

This was from an account taken out in 2004,

 

i need to know is what happens now,

 

i have a DD set up with them for £50 per month,

 

do i now cancel this?

 

The default is no longer on my credit profile as dropped off after the 6yr timescale,

 

can they default me again for the same loan?

 

My profile is clean now and i want to apply for a mortgage,

 

i dont want to trash my credit profile by stopping the DD,

 

not really sure what to do,

 

any advice would be welcome!!

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Hi welcome..

 

As they cannot find the original agreement, you can STOP any payments you have set up, and YES cancel that despicable DD.

Never EVER pay a debt collector via DD.

 

No they cannot default you again, if they do then you can issue a claim for damages.

And if they mark your file and you fsail to get a Morgage as a result of it, the claim for damages only goes up...

 

What credit file agencey are you using? Equifax and Experian are the most accurate and up to date..

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 Bazooka Boo,

 

I have checked all three and its not on any of them,

 

Egg did duplicate the default in 2012 but i complained to experian who got them to remove the duplicate default.

 

if i now cancel the DD now what happens next,

will they try for a ccj on the account?

 

The reason i queried is due to them overstating the balance,

 

i thought the balance was 3000 and have paid more than that over the ladt 5 years,

 

they then sent me a balance of ovet 5k outstanding

 

i asked for statements and cca and this us their response,

 

do i now just file the letter away and stop paying until they can prove the amount they allege i owe them?

 

Sorry new to all this but feel they have held all the aces until now

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Yes your very first task is to cancel that dreaded DD... you can do it now via online banking if you use it?

 

If they have your bank card details or credit card details, even if you have made a payment to them using them just once, then you MUST inform the bank to cancel your card/s and issue you with a new one, as you believe it/they have become compromised.

This will stop the DCA from emptying your account using the card details.

 

If you are happy that these defaults have auto dropped off your file because they have outlived their six year shelf life, then you really have nothing to worry about, they cannot mark your files with a default without being financially punished in your favour and then ordered to remove it.

 

Have they been sending you a ''statement of account'' every six months?

 

If the answer is NO, then they have been happily mugging you off and using you as a cash cow, and whatever money you have been paying has been going straight into their 'profit pocket'!

 

Keep a copy of that letter YES.

You cancel the DD, they will throw their toys out the pram and threaten you with all and sundry, but in reality, they cannot do a single thing without the original paperwork, they are just hoping you don't get wise to their little con trick.

 

YOU hold ALL of the aces, you ALWAYS have done, they just didn't expect you to find out. :thumb:

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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oh dear how long have they been fleecing you?

 

 

how did they spoof you into doing it

 

 

phone or you fell for the silly threat-o-grams??

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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god 5yrs

 

 

that money went straight to their profit pocket

to fund the harassment of 1000's of others

on debts they p'haps don't ever owe.

 

 

anyway well done...

 

 

one more cash cow removed from their milking palour thanks to CAG

 

 

all be it 5yrs too late

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If paying via Direct Debit get that 5 Years of payments back.

Claim through your bank that an error has occurred and you require all payments to that company back.

 

The bank will then claim all the DD payments back for you, No need to go into loads of details,

Plain and simple, an error occurred and should not have been taken.

 

George

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BG, I'd forgotten that one good idea

 

 

the DD guarantee might well work here

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Bazooka you have been a great help

 

George.

.how would i go about claiming the DD back?

 

 

Would i just need to write to my bank outlining the issue,

and how i believe not to have owed the money i have been paying?

 

Dx100uk..

.i find your attitude and contempt for my post astounding!!

 

I came on here looking for guidance as thousands of others do who are in a similar position?

 

For someone who purports them self to be a crusader on consumer rights and their debt issues

you have really let yourself down here.

..is it not cold in your ivory tower this evening??!!

 

As my dear old mom used to say,

if you cant say anything nice, best not to say anything at all

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think you might be reading my posts wrong...

anyway..

 

 

this is all about DD

 

 

go get your moneyback

 

 

http://www.bacs.co.uk/bacs/businesses/directdebit/collecting/pages/customersrights.aspx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Let us know how you get on with the reclaim too, the banks can be tiresome when it comes to this, often

spouting a lot of nonsense in the hope you don't know your rights...

Well done too.

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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  • 7 months later...

Hi,

 

Wonder if someone could give me some advice. I had an egg account which i defaulted on in 2006,

debt bought by lowell whom i was paying monthly until CAG showed me the error of my ways.

 

 

I sent a letter to Lowell asking for copies of original agreements and balance statements which they could not provide.

 

Lowell sent me a letter in July 2014 stating they would close my account and not bother me in future unless they provided an original copy of my signed agreement.

 

Upon checking my credit profile today Lowell have added an account on there with a date of 2005,

this was the original defaulted account from Egg that dropped of my profile in 2012 after 6 years was completed.

 

My question now is what do i do next,

 

 

this is the second time they have done this since the default expired,

surely i cant keep being penalised on my credit report by them indefinitely just because they cant provide the information i requested.

 

Any advice would be welcome, Lowell seem to think they are a law unto themselves here

 

Thanks

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for history I've merged your old and new threads

 

all you need to do

is provide proof of the original EGG default from your CRA file or wherever

 

then send that to lowells

 

give them 14 days to remove the account lock stock and barrel

else you'll be reporting them to the ICO/FOS/FCA et all.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They really are desperate aren't they?

 

I'd be making a formal complaint about them to the above regardless....

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 for this,

 

 

i emailed them today and they have said since the account had been receiving payments in the last 12 months

it is now classed as a live account in dispute until they find the original agreement and therefore they wont be removing it.

 

I have contacted experian today as i have protect my id who confirmed to me they are not processing accurate and true data

and therefore i should contact the ICO to make a formal complaint,

 

 

can you please tell me how i would go about this, is there anything specific i need to be putting in it

 

Thanks in advance

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ICO website or ring them

 

 

complaining about exactly what you ave outlined here

and what Experian have said too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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