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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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Hi

 

 

quite some time ago

I got myself into some difficulty mainly as a result of several redundancies and a failed business venture.

 

 

Due to this and feeling I had an obligation to pay my debts I entered into a DMP with Payplan.

 

 

have been paying £150 a month

again I'm finding myself in a redundancy situation

have started to think I'm not doing the best for myself.

 

 

I have a mortgage that I have never defaulted on and never had issues,

I've never changed lenders whilst in the DMP,

 

 

I have been making payments into since December 2011.

I went with a DMP as I work in an area that any CCJ's/Bankruptcy would cause me to lose my job.

 

In total I have a combined amount of just under £30k outstanding.

 

Creditor Default Date Opened Date

Santander 02/04/2012 15/10/2007 Loan

Link 31/05/2012 02/08/2007 Credit Card

Capital One 03/01/2012 13/02/2006 Credit Card

RBS (Westcot) 20/01/2012 04/02/2006 Credit Card

Link (CO-OP) 05/09/2013 16/02/2005 Credit Card

PRA (MBNA) 30/04/2012 23/09/2004 Credit Card

PRA (MBNA) 30/04/2012 01/11/1999 Credit Card

Nationwide Oct 2011 14/05/2009 Subject to Tomlin Loan

 

I'm thinking of stopping the DMP with payplan and potentially asking for CCA's from all of the creditors, apart from Nationwide as I think I've shot myself in the foot with the tomlin order.

The balance on this is approx £2700

 

 

if I can free myself of the other debt

I will divert the full amount to this and get it paid over 18 months.

Unless anyone suggests anything else.

 

My understanding of the CCA's is that prior to a certain date they are obliged to provide me with a copy of the original agreement but I might have that wrong.

 

Any help or advice would be greatly appreciated

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yes CCA the lot

bar the nationwide CCJ.

 

was nationwide the claimant?

 

might be worthy go get some SAr running too

reclaiming penalties/PPI?

 

the other way is to simply cancel payplan

then wait for the deforestation to come thru your door and deal with each one then. by CCA?

 

obv you don't stop the tomlin.

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 here - Tomlin is good because you avoid the CCJ -itself.

Deffo CCA on this one - Keep paying the Tomlin. Was this Hoist portfolio by any chance?

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks, Ive been in touch with Payplan and told them I'll look after my accounts going forward.

 

The tomlin is with Nationwide, not had any dealings with Hoist.

Nationwide have kept the debt and they seem to have been ok as they are getting a little bit each month.

 

2 accounts have been sold to PRA & another 2 to Link.

RBS have recently sold the account onto Westcot and Santander & Capital One have kept hold of their accounts.

 

Looking at the ages of some of these accounts I would expect that they will find it very difficult to provide them, one of the MBNA accounts is 18 years old.

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wescot don't buy debts, who are their named client?

 

 

pers I think i'd stop all payments bar the tomlin.

wont hurt to offer nationwide an F&F?

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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Sorry not been on recently.

 

 

I've stopped the DMP and sorted out payment on the Tomlin.

 

 

Just waiting letters now before sending out the CCA's,

1st letter arrived today from Capital One.

 

the Westcot account was an RBS account.

I rang RBS and they said it had been moved onto Westcot and they are reporting on my credit file.

 

Nationwide refused an F&F and want the full amount, though they have agreed to accept the amount I was paying on the DMP.

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  • 1 month later...

Hi

 

I've had the CCA request back from Capital One, unsurprisingly they have said the agreement is enforceable. would it be possible if someone could have a look at it see if they think it is?

 

I'm happy to scan the documents that they have sent me, which I have listed below.

 

They have provided a copy of the original agreement with my signature on it.

They have also provided a copy of the terms of my capital one CC agreement, this is undated

They have also provided 6 pages of T&C's that again are undated and look generic.

And finally a copy of the default notice that they say they sent to me, this is dated 01/12/2011, thought my default reported on my credit file is 03/01/2012.

 

 

I have also had a letter from RBS and they have told me that they have now assigned the debt to Cabot, but Westcot will still continue to manage the account.

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scan all the CCA return to ONE MULTIPAGE PDF please

click upload

and then start a new thread in the cap 1 forum off the top left main forum tab

and post it there with a brief resume of the debt history and why you sent it

 

 

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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