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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.
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      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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old tesco/RBS loan - help


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Hi all,

Best wishes to all caggers,

 

I have a loan with Tesco that we have been paying by arrangement. I suddenly received several nasty-o-grams from Moorcrap, so I wrote and asked for my CCA. They have replied with an aknowledgement and saying they have passed my request to the client. They go on to say:

 

"We believe that it may be of assistance to all parties if we also take this opportunity to ensure that potential areas of dispute are addressed prior to court action or further investigation.

 

To this end can you provide an indication of the information will be relying on, when you will be giving evidence to the court or information to the relevant statutory authorities in relation to the alleged subject matter of this account.

 

Please could you provide this information by return as this will ensure that all possible areas of dispute are identified as quickly as possible thereby minimizing potential costs and delays."

 

Are they serious? or are they rubbing home the fact that "you will be giving evidence in court" as a frightener?

Do they want a checklist i.e prescribed terms, interest rates, right to cancel, etc., so that they can get it right?

 

I am thinking of replying and quoting a few random legal case studies to give them something to think about.

 

If they start harassing me with no good reason and threatening court/home visits, when we haven't got any money, I might as well fight them.

 

Should I reply or ignore?

 

Cheers,

Rocky

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  • 3 weeks later...

Hi all,

Moorcroft wrote again saying that they are unhappy that MIDS contacted us whilst we are waiting for our CCA request to be fulfilled. No apology though.

 

I have now sent the official dispute letter to Moorcroft as no CCA has appeared after 14+2 working days.

 

Will let you know what happens if I get the CCA.

 

Cheers,

Rocky

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This is not new - Moorcroft have been using it for years. There's no need to reply; it's a template letter designed to make people think that making a perfectly legal and reasonable request will trigger some sort of court action. Like everything else DCAs push out, it's all pish and wind.

 

If 'MIDS' referred to above is Midas Legal Services, they are just a trading name of Moorcroft.

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  • 2 weeks later...

Hi Caggers, onward and upward!

 

No response to my CCA request, so I wrote to Moorcrap in March putting the account in dispute as I have not had a CCA in the 14+2 days.

 

I have had a letter from Moorcrap in April saying that their client's procedures won't let them provide a CCA without a signed request, and as my letter was unsigned, they are unable to complete my request at this time, providing me with a stamped addressed envelope for my reply, and suspending the account for 28 days.

 

I would be grateful for answers to the following:

 

1) Is my dispute still valid?

 

2) Should I send a signature or leave my initial request as it is?

 

3) Should I wait for the 28 days, or reply now?

 

4) Does this now mean that they have another 28 days to "find" a CCA and try and wriggle out of the 14+2 requirement?

 

Words can't express my thanks to you guys on this site! Well done!

Rocky

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Hi say to them no requirement for a signature on CCA request and if they are not sure that you are the person they are pursuing for this debt then they can take a hike.

 

No requirement for you to wait further than the 12+2 working days that is the requirement for a CCA request they have defaulted and can go forth etc.

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Hi RR

 

I've stuck a link in for the relevant letter as there's no legal requirement for a signature

 

R

 

Thanks everyone,

 

I have sent the no signature required letter back in their prepaid envelope.

Overto you Moorcrap!

 

Cheers everyone,

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi PGH,

 

I used their already stamped envelope (bright yellow) addressed by them to their Compliance Dept (work experience kids?).

I think that the no signature letter is a good one and will give them something to think about.

They are definitely floundering.

 

They started the fight!

Rocky

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Hi Rocky,

 

Have you heard any further from Moorcrap?

 

I'm in the same position, received one of those letters following my CCA request, asking for me to tell them what I need to rely on in court. It's exactly the same letter, word for word, so obviously just some standard drivle they produce.

 

I'm not sure if it's crossed your mind Rocky but the bit that got me thinking is "we duly confirm we have requested the relevant documentation from our client"....hold on, I thought if Moorcrap now own the debt, that Moorcrap would be in possession of all the documents themselves and so wouldn't need to contact the original creditor???? After all, that's why I sent Moorcrap the CCA request, otherwise I would have sent it to the OC. Can anyone advise on this please?

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Hi Big Shoooz,

Sorry for the late reply.

I haven't heard any more from Moorcrap since I sent my last letter.

I think that they are agents for the OC. Others have said that they don't buy debts, so I might hear from them with a CCA eventually.

 

Of course things change and I am sure that they will be out to make money however they can.

Will keep you posted.

Rocky

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  • 4 weeks later...

Hi all,

 

Just received a letter from Tesco with an illegible copy of a faxed agreement. I mean illegible, most words are blurred and some are just missing. Not worth posting it.

It is a two page agreement with a two page schedule of arrears (which are freshly typed and legible).

 

Moorcrap wrote at the same time asking me to confirm receipt of the client's correspondence and asking me to contact them and agree payment.

 

Would it be reasonable to write to Moorcrap and continue the dispute until I get a legible copy?

 

Cheers,

Rocky

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Yep.....too damn right.

 

They have not complied so account still in dispute.

 

ims

 

PS Not worth posting it to give all a chuckle?

Edited by ims21
p.s.

 

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Ok folks, here it is! I have blanked the sensitive bits (which I could make out) in case any clever body can manipulate them digitally so that they are legible.

 

It seems to be a copy of a fax of a fax.

 

Tesco CCA anon 05-11.pdf

 

(Prize for spotting Mr. Moorcrap)

 

Cheers,

Rocky

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As much chance as a chocolate fire guard of that being enforceable.!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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