Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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
        • Like

RBS/Lombard charging order and full and final settlement.


benboy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5140 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi. I had a RBS/Lombard direct loan pre-2007 and they have a final charging order on my home, even though I kept up with my payment plan (DMP) with them and CCCS... so you could say I'm gunning for them.

 

I have offered them a very low full and final settlement of just over 10% for a debt of around £5700 (not including court costs). Also sent a request for CCA. If they admit they don't have what I request I will want to know how they got a charging order..... I know it's jumping the gun a bit lol. :D

 

Am hoping they take my low offer.

 

Will see what transpires and hopefully get some help off here! :wink:

 

Thanks guys.

Link to post
Share on other sites

Link to post
Share on other sites

  • 4 weeks later...

I have a reply from RBS/Lombard regarding my request for CCA:

 

Dear Benboy,

 

Consumer credit act - section 77 Request

 

We acknowledge receipt of your recent letter requesting personal data held by the bank and payment of the £!.00 fee.

 

In order that we can deal with your request we require consent from the individual named on the acount/joint account holder.

 

Please provide us with a letter of authorisation from "benboy" as we cannot release information without the consent of all parties. Please note photocopies are not acceptable.

 

When we have received this we will be happy to proceed with your request and any information required to be provided to you under the consumer credit act will be forwarded to you at the above address. Please be aware that under the consumer credit act we must comply with your request within 12 days.

 

If you have any queries relating to this matter please do not hestitate to contact me at the address shown above.

 

Yours sincerely

 

 

Mr W. Anker

Team Manager

 

 

 

 

 

Ok, I don't understand this. Wasn't my letter requesting the CCA my consent??? I even signed the letter (using my special signature so I know if it's been cut and pasted) Is this stalling tactics?

Link to post
Share on other sites

Pratt Endicott solicitors solicitors have written back to me saying:

 

Received today:

 

"In order for our clients to consider your offer of full and final settlement they have requested you provide us with income and expenditure.

 

We have attached our form for you to complete, please return within 7 days from the date of this letter."

 

How come I have to do this??? Ar they after higher monthly payments? They will have to take me to court as the amount I pay now was set in court.

 

Any advice???

 

Thanks :)

Edited by benboy
Link to post
Share on other sites

Wish I'd read this properly first time !!

 

If you wish to see the agreement for the account then you'll need to send a Subject Access Request to RBS\Lombard.

 

They are not obliged to furnish you with the agreement if you made a CCA request under s78 of the the Consumer Credit Act 1974 as the CCJ subsumes the agreement.

 

If you do send off the SAR and get a response then let us know.

 

Finally, You are under no obligation to provide an I&E to any creditor.

 

Link to post
Share on other sites

Hi SS

 

What would I gain from SAR? As regards the CCA request, they said they would send it to me once they received my authorisation. I am confused as I thought my letter requesting CCA was my authorisation. The letter was signed with a new style signature and overlapped my printed name. But once again, what would I gain from receiving / or not the CCA? They have a charging order on my home.

 

The solicitors have been asking me to supply a I&E for a while now. The first time I phoned them to ask why should do this when I have a charging order and the monthly payments were set in court. They made an appology and said ignore it. Then a month later they sent anohter request and said I must fill in an I&E! I ignored this!

 

As I want to make a F&FS offer, I am now prepared to fill in a I&E (they asked me again, 3rd time) as they said it is necessary in order for their client (Lombard/RBS) to consider my offer. At least it's better than my first offer when they wrote back simply refusing.

Link to post
Share on other sites

  • 5 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...