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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
      • 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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**WON** Charges over 6 years; compound contractual int't; repaid in full !!


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Hi

 

I am self employed well unemployed for the most part and have been having terrible finanical problems. I have defaulted on a few months payment on both my cards. Unfortunetly, I also have not been able to deal with the problems either as mentally and emotionally, the strain of the financial burden as well as existing continual harassment on my Barclays accounts which they are ignoring has exacebated my illness.

 

I realise now with the debt collectors involved (Mercers) must deal with these cards now so would appreciate advice where to start.

 

From what i have read so far a request for an agreement seems to be a start.

 

Anything would be a start. : )

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Hi Leilani,

 

Send off a CCA request and the £1 fee - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Do you have all your a/c statements for any period when they put penalty charges on the a/c ? If not send off a SAR request. You can reclaim all penalty charges in full, plus contractual interest.

 

If you have 2 a/c's, only use this thread to discuss one and start a new one for the other.

 

Best advice when dealing with Mercers is to ignore their calls or hang up when you realise it's them. They can be relentless but will back off when they see they are getting nowhere.

 

:)

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Hi Leilani,

 

Just to add: Mercers are part of Barclaycard, although they try to pretend they are not. Just down the same corridor are Calders, so if you get them next don't worry too much.

 

Are they original barclaycards, or were they something else to start with, such as Morgan Stanley or Goldfish?

 

DD

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Hi Slick thank you for info :) Yes I have every statement.

 

@ DD...I have two cards one mastercard, one barclaycard, both taken out via Barclays and both statements come together, I have had them for years paid off full amounts many times.

 

Today, I get another letter from Mercers saying they can not contact me and that they are sending an agent to my address to collect the arrears. Do I just ignore that? I am now scared to even leave my back door open, in case they come around the back!

 

I have been to my docs this morning and she has put me back on anti-depressents, I have resisted for so long, the stress of it all is just to much.

 

I will get to task with what you suggest Slick ASAP.

 

thank you

Edited by leilani
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Hi Leilani,

 

I work for myself too. I understand how stressful it is when you have only yourself to depend on to get the money in. :(

 

Write back to Mercers saying you have requested a copy of your agreements and then, referring to their threat, incorporate the following:

Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied licence under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke licence under Common Law for you or your representatives to visit me at my property and if you do so then you will be liable to damages for a tort of trespass and action will be taken including, but not limited to, police attendance.

 

As you have been given this notice, should your representative then come to my property and cause any embarrassment which results in financial loss to me you will also be liable for damages.

You can also type up a couple of these with your address on and sign them at the bottom (not usual signature, just a scribble) and if anyone does turn up just hand them a copy and shut the door.

I've never actually heard of Mercers sending anyone, but that's not to say it doesn't happen. Probably unlikely though.

DD

 

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Hi Leilani,

 

I work for myself too. I understand how stressful it is when you have only yourself to depend on to get the money in. :(

 

Write back to Mercers saying you have requested a copy of your agreements and then, referring to their threat, incorporate the following:

 

Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied licence under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke licence under Common Law for you or your representatives to visit me at my property and if you do so then you will be liable to damages for a tort of trespass and action will be taken including, but not limited to, police attendance.

 

As you have been given this notice, should your representative then come to my property and cause any embarrassment which results in financial loss to me you will also be liable for damages.

 

You can also type up a couple of these with your address on and sign them at the bottom (not usual signature, just a scribble) and if anyone does turn up just hand them a copy and shut the door.

 

I've never actually heard of Mercers sending anyone, but that's not to say it doesn't happen. Probably unlikely though.

 

DD

 

 

 

Thanks for advice DD I will do that.

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By the way, as Slick says, ignore their calls or if they do get you just say you will only deal with things in writing.

 

If you do decide to speak to them just say you are waiting for a copy of the agreement. They will ask why you want to see it and you say that you think you could have been paying way too much interest and it's your legal right to see it, and would they, personally, continue to pay on an account when they may have been overcharged? That usually flummoxes them.

Edited by slick132
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Hi Leilani,

 

Re the threat of a personal visit, this really isn't anything to worry about.

 

See here for useful practical advice - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

 

They rarely call and, if they do, they leave without any fuss when told to.

 

:)

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Hi Leilani,

 

Best to send post by recorded delivery and check the tracking number on the royal mail website after a few days and you should be able to print a copy of the signed receipt for it. They can not deny receipt then!

 

Also keep the envelopes that any letters come in as they may come in useful at some point, especially when they issue a default notice.

 

If you haven't already done so, get yourself a ring binder and keep everything in date order, this really helps when you go along this route.

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Thanks Dotty for advice, yes I generally send all recorded even the free post ones (think only one I didn't because I didn't have enough on me at time).

 

Have ring binder and everything in it but have not kept any of envelopes but will do from now on. :)

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  • 2 weeks later...

UPDATE:

 

RE: My letter requesting true copies of the credit agreements sent 2nd June 2010 to Mercier.

 

3rd June received another letter from Mercier.

 

10th June 2010 received one letter containing two letters for both accounts from Barclaycard dated 8 June 2010, plus photocopied agreements, no name on it nor my signiture, plus noticed the envelopes never have a post mark on them???

 

"Dear ...

 

Reference: SECTION 78 of the Consumer Credit Act 1974

 

I write further to your letter requesting a copy of your executed agreement for the above account.

 

The Information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your execused agreement and a statement of account which is practicable to refer.

 

* The current credit limit on your account is £###

* The current balance on your account today is £###

* The next minimum payment of £### is due on ##/##/##

 

Please note, a copy of your current Barclaycard Credit Agreement will be sent under a separate Cover.

 

With reference to Civil Procedure Rules (the "CPR"). We have provided you with sufficient information to allow you to understand our position. The CPR does not conder an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not appy here. The applications must be supported by evidence - and the unusal order is for the applicant to pay the costs of application, including the respondent's costs, together with the respondent's costs of complying with any order that is made as a result. (CPR 48.1.(2)).

 

While there is no formal obligation on your part to provide documentation in answer in Validation of Debt correspndence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

 

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the oustanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with the credit reference agencies, although we will formally notify you before doing so.

 

This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

Yours Sincerely

...."

 

Also received 10th June 2010. Letter (as stated in last letter) Barclaycard Terms and condtions but for one card only, the other arrived this morning dated the same day???

 

Lastly received another letter on 12th from resolvecall dated 10th June 2010 acting on behalf of Merciers this letter suggests that once again a representative will make a personal visit to collect payment.

 

Monday 15th June 10am...a suited man (no jacket) rings my doorbell then when he doesn't get a response uses the knocker and continues to knock my door for 5 mins, I don't open because I am not dressed as I had a destressing night but looks out of window and sees when he can't get a response from door sits in his BMW noting something down and continuing to look back at my house. He eventually leaves...

 

I have prepared letters as suggested in case of his return.

 

So, what do I do next? They are now making visits and the letter suggests actually they don't have to do anything else...I had a look at my statements and the interest is horrendous!

 

Should I start logging this interest as I have done for my personal bank account as the money I had by DD also came from my benefits for the most part?

 

appreciate the help...Leilani

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Hi Leilani,

 

They are now making visits ....
This isn't something that is likely to be repeated. If anyone does call again, deal with them as per the advice given earlier. In particular, don't get involved in their attempt to have you speak to Mercers on their phone. Just tell them they must leave immediately and you have no need to discuss anything with them.

 

The letter back from BC is a standard response that we've seen many times.

 

Have you looked into trying to get a freeze on the interest, or a reduction in the rate they're charging. This may be more fruitful if you try through one of the debt-help bodies - Debt: Where to Get Help - Consumer Wiki

 

Have you checked yet for penalty charges on all your old statements.

 

:)

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No to be honest, haven't got around to that, just had a glance the other day when I was filing some new ones received.

 

How far back do I go? From when I couldn't pay the monthly repayment few months back or further back to when I was I started getting the benefit? which was 2008.

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You can reclaim any penalty charges incurred from 1995 onwards if you have the old a/c statements.

 

BC will only supply statements for the last 6 years if you send them a SAR and fee.

 

:)

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I have almost everyone from when I got my cards! So I guess now I look through them all look for penalty charges and start adding up using the same form as for Bank charges. Is that correct and send them to BC requesting they give them back. Is there a standard letter format?

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Hi Leilani,

 

If you read the Interest tutorial linked in my signature, you'll find info about reclaiming interest in restitution at the bank's contractual rate. If you claim this, it can increase the amount you seek, especially if there are older charges.

 

You could use the spreadsheet here - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

 

When you are sure you have your schedule of charges ready, send it to BC with this letter, which you'll use as your Prelim Claim and LBA - http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

If claiming the higher interest, include this from the Prelim Letter onwards. If you decide to just reclaim the charges without higher interest, you will only include the charges in your letter.

 

If you have to file a court claim, which is unlikely if you don't claim the higher int't, you claim s.69 Statutory Int't at that stage.

 

:)

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  • 2 weeks later...

Help me please!!!

 

I have been away for the last week, my boyfriend took me away before I had a nervous breakdown. During this week Resolvecall called again (my son didn't answer the door) and today they actually came again and left a letter. They do visit more than once!

 

I am so sick of being harrassed by these people for only a couple of hundred pounds!

 

I just lost the plot I am afraid, I stormed outside and gave him the prepared letter and he kept shouting to me is this you...and I said I had nothing to say to him.

 

He sat in his car intimidating me for over 10 mins, he's gone now but I am getting to the point of wanting to just run away! I can't even go in my front garden to mow the lawn!

 

I am trying to work just to put food on the table and I can't because of the pressure is clouding my brain...let alone looking through the statements to see what penalty charges that have accrued.

 

What can I do? They ignore my letters...I have asked for the agreement but what use is it?

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Hi Leilani,

 

You must be feeling really shaken. I think you must be unlucky in that you have one of their collectors living close to you.

 

You must write to Barclaycard telling them that as they have failed to provide a signed copy of the alleged credit agreement this account is in dispute. There is a template letter for this.

 

Send a copy of that letter to Resolvecall stating that you will be calling the police if one of their representatives calls again as they have been advised that they must not visit your property and are trespassing.

 

I think that you must make it a priority to go through the statements you can find and see what you have paid in late fees, penalty charges, etc. Even if you can't find them all (because they may owe you more than you owe them) if you can find enough to cancel out the payment they are trying to get from you then you may be able to settle and get rid of them.

 

DDx

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Thank you DD, I appreciate your response...too right I am shaken, I am normally such a calm person but I can actually feel myself ready to explode! :mad:

 

I will do as you have advised though and maybe I will calm down in the process...

 

Lx

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