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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
      • 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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Littleme V M&S Can someone please advise on these....document!!


littleme33
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Hi all

 

Received letter from Moorc**p today 'notice of intended litigation....these are the court costs that will be incurred' etc etc

 

Shall i file it....i still havent heard back from M&S re the points raised from the SAR about 4 weeks ago!!

 

:-)

 

If you have no space there is plenty behind the back of my toilet for it :D:D:D:D:D:D

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So i suppose i have a 'mexican stand off' of my own...sorry been reading your other threads!!.....

Im slowly learning with all this and learning as i go, but ultimately what am i waiting for to happen (sorry for being thick) im not wanting a magic wand to appear and wave it all away, and i have to admit its all stressing me out abit now!

I do believe though that the M&S CCA is 100% unenforceable, and the way they try and wriggle out of it all is unbelieveable,

 

Thanks Littleme

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No worries... my HFO threads are the best.

 

If you want to stop worrying check out my threads here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/193601-just-had-online-chat.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/194594-new-online-chat-meritforce.html

 

Those will tell you all you need to know about threatograms ;-)

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Moorcroft. Waste of space. Add to the ignoe list.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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If you want to be 'active' in your actions then you could send Moorcrapt another short but sweet letter stating that, as they are already aware, the account is in dispute so you will not accept any further contact from them - enclose copies of previously sent - shouldn't be long before they pass it back to the OC ;)

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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  • 2 months later...

hi, send them a letter stating that they are comitting fraud by misrepresentation under the fraud act 2006, by implying they are acting on behalf of littlewoods, as you have had no notice of assignment from them. also tell them you are going to report them to the information commissioner as you believe they have obtained your data unlawfully under the data protection act 1998(criminal offence)

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  • 1 year later...

Hi all havent been on here in a while as M&S have left me alone....until today! They have sent a

Letter saying basically pay now or they will start court proceedings 'aylesbury' court or send a bailiff, are they tightening the screws and trying to scare me into paying something? DCA is credit security services, my cca is i think unenforceable (see other posts!)

Thank- you all hope your all well!

Littleme

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hi, they cant send a bailiff until they have a court order, they cant have a court order without an enforceable agreement, which they dont have, if i were you i would suggest writing to the dca, nicely, and ask them to confirm under cputr 2008 if they have an enforceable document, then sit back and wait.most of all dont worry.

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  • 1 month later...

Hi just had a letter after writing to csl back in may, with an enclosed copy of my 2003 application form from m&s, the letter says proof of account ownership blah de blah!! Nothing about enforceable agreement as stated in my letter to them, shall i bother replying?

Thanks for your replies by the way newbloke! Much appreciated!

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  • 5 weeks later...
  • 1 year later...

dont ring them, wait for letter threatening legal action.if the one you have already does state that they may take legal action, then write to them at their registered adress,to the directors, requesting under pre action protocols of the civil procedures rules, for a copy of the original properly executed agreement relating to the ALLEGED account, all statements issued throughout the ALLEGED agreement, AND ALL NOTICES OF VARIATION ISSUED, AND MODIFIED AGREEMENTS.

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dont ring them, wait for letter threatening legal action.if the one you have already does state that they may take legal action, then write to them at their registered adress,to the directors, requesting under pre action protocols of the civil procedures rules, for a copy of the original properly executed agreement relating to the ALLEGED account, all statements issued throughout the ALLEGED agreement, AND ALL NOTICES OF VARIATION ISSUED, AND MODIFIED AGREEMENTS.

Hi

Many thanks i will wait and see thank u very much!

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  • 3 years later...

Hi all,

Does anyone have any advice of f&f offers when your defaults have now dropped of your credit file?

 

I have negotiated and paid off 7k over the last 7/8 years, (thanks to this site)

 

I have the remaining debts to pay

 

Apex £3,400

Mint £5,400

Moorcroft £5,500

None of these are on my credit file now can anyone give me any advice of offers for f&f's ?

Many Thanks

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