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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
      • 160 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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M&S, changed from Storecard to Creditcard .


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Hi PPC, last fishing trip from a DCA was May, just ignored them, they just hope people will feel threatened and scared and pay up to get them to go away.

 

The Santander case wont even be on their agenda unless we raise the question.

Don\'t let the B**tards grind you down

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  • 10 months later...
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Well a letter from Lowells dropped through my door this morning in reply to my original letter to them, apologising for the delay (12 months!)

 

Surprisingly they attached letters from the FOS that were sent to me, I believed in confidence.

 

Surely this is a breach of the information act by the FOS, or am I wrong?

Don\'t let the B**tards grind you down

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The letter from the FOS to me was sent to M&S for their files, basically said FOS was sitting on the fence regarding enforceable agreement and they (M&S) should go to court for a decision, which of course they didn't.

 

Debt drops off CRA file November this year, will just have to string them along till then.

Don\'t let the B**tards grind you down

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I have some markers on my Credit file that are due to be "extinguished" within the next 6 months, just need some advice and confirmation:-

 

1. In Scotland the debts are Statute Barred after 5 years?

 

2. Is it from date of last payment or default date?

 

3. Will it happen automatically or do I have to write to each of the Credit Reference Agencies, or do I write to the Data Controller of the company involved?

 

Any help would be appreciated.

Don\'t let the B**tards grind you down

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1. yes

 

2. last in/out or written and sign ack of the debt.

 

3 no.

 

just because you are in Scotland

 

doesn't mean SB=removal from cra files.

 

there is no link between SB date and default date.

 

a cra account will stay there for 6yrs from the date of the defaultor

the date of last transaction/ack.

then in will vanish

 

whichever is the sooner.

 

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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argue...

 

its for THEM to prove its NOT SB'd

 

not for you to prove IT IS.

 

DCA's often use the ruse of its on your cra file to legitimise their fleecing tactics.

 

again, SB date has NOTHING to do with any default dates on your CRA file.

 

now

 

what is this all about

 

how many debts?

 

have you fired off any CCa request to the fleecers?

 

if the debt IS SB'd

then no paperwork will be availiable,,,no debt exists.

 

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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Main one through M&S, changed from Storecard to Creditcard automatically, have argued all points, now in hands of lowells, who I am fobbing off just now.

 

Have looked at CRA file and Lowells own the debt, default date of 02/08/2009 but last payment made 05/11/2008.

Don\'t let the B**tards grind you down

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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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as post 2 then..

 

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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Agree with DX the debt will not fall off your CF til 6 years from default date

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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Only problem is that there is 9 months difference between the last payment date and the default date, can I challenge the CRA regarding this?

Don\'t let the B**tards grind you down

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then you need to challenge the OC

 

however I think the whole account should be totally removed if post 6 applies.

 

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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The last payment does not equal thedefault date and you need to go into default AFTER the last payment.

 

Approx 6 months is a reasonable time after the last payment for a company to default you so I would say it is correct.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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  • 4 weeks later...

Getting totally fed up with Lowlifes, letters arriving weekly now, just ignoring them, you would think the difference between Storecard and Mastercard would give them a clue.

Don\'t let the B**tards grind you down

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Well I don't know what it was that I said in my letter to Lowell, but M&S agreed to take it back from them. M&S then proceeded to write me a long letter stating all the same stuff they had said previously, prior to us reaching stalemate and them deciding to sell it to Lowell in the first place!

 

As you say, it is interesting to observe M&S's reluctance to go to court on the matter.

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  • 4 months later...
Well letter from lowells this weekend saying they are going to send someone round, no you ain't.

 

How can they if this is now back with M&S ?

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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4: Staying Calm About Debt  Read Here

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 1 month later...

Excellent news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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