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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 
      • 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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Payplan and my debts


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  • 10 years later...
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" A Debt Management Plan, or DMP, is an informal arrangement whereby you agree to pay back your debts but at a reduced amount. You can either set up a plan with your creditors directly or use a debt management company to help deal with your creditors on your behalf. In a PayPlan DMP you make one monthly payment based on what you can afford and this amount will be divided amongst your creditors, ensuring all of your debts are being paid."

 

" A DMP isn’t legally binding, so creditors could in theory proceed with court action (although PayPlan will assist you with this should it ever occur during your Debt Management Plan)."

 

https://www.payplan.com/debt-solutions/debt-management-plans/questions/

 

Stick to your agreed monthly payment....there is no requirement to increase it.

 

Andy

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as for the enforceability

time to get some CCA request running for each one!!

 

I would gather that by that comment you've been reading around

and the penny has dropped that these DMP companies never check the enforceability of any debt

esp those sold for peanuts to debt buyers

 

and you are sadly realising you might be a multi debt cash cow to these powerless DCA's??

they are not bailiffs..

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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Thanks for all your help folks, it's much appreciated. I think I did take out "Cover my Payments". I think it was £5 s month. They stopped it in 2014 because they said it isn't available to me once I reached 65. I'm guessing that was a lie, right? And the £5 I was paying monthly for it was divided amongst my creditors instead.

 

I'm sending off CCA requests to Cabot today. What happens if they don't reply?

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Thanks for all your help folks, it's much appreciated. I think I did take out "Cover my Payments". I think it was £5 s month. They stopped it in 2014 because they said it isn't available to me once I reached 65. I'm guessing that was a lie, right? And the £5 I was paying monthly for it was divided amongst my creditors instead.

 

I'm sending off CCA requests to Cabot today. What happens if they don't reply?

 

Hi,

Looking at that (in red) it seems you had a 'Cover My Life' plan rather than the Cover my Payments as you were paying a fixed amount each month rather than a variable amount based on what you owed. The Cover my Life was a membership scheme and as such, PayPlan kept that and it wouldn't have been passed on to any creditor.

To be fair to PayPlan, they were speaking truthfully when they said that it would not cover you after age 65.

 

See here,

http://www.consumeractiongroup.co.uk/forum/showthread.php?475638-PayPlan-Cover-My-Payments&p=5006824&viewfull=1#post5006824

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By some coincidence I received a statement from Payplan this morning.

 

Seems like they have decided they are having the £212 car payment each month from now on.

 

Not happy as my car has to go into the body shop this coming week because of damage to the rear passenger door which means it won't open.

 

I cannot pay Payplan the extra £212 and for the car.

The car will cost around £450 to fix and they have agreed to let me pay over 2 months.

 

Will Payplan get funny with me if I refuse to pay it?

 

It seems that 2 of my debts have been transferred to NCO Europe Limited.

 

Cabot has advised me of this and has listed account numbers,

the amount due and the dates assigned.

 

If they have all this information, does this in itself mean that the debt is enforceable?

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Dump payplan totally

Do it yourself

 

Go start a new thread about this car finance

 

I say again dump payplan totally

 

As for all the debts being paid thru them

Get a CCA request running to everyone you were paying

Like Cabot NCO etc

One for each

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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I don't have a clue how to administer it myself.

 

Would I need to write to my creditors

(once I've received the copy agreements for each)

and offer them the same amount that Payplan intend to pay them?

 

Also,

I've noted from my paperwork that the Yorkshire Bank credit cards and loans date back to the 1990s, one as far back as 1993.

 

Is it likely that they still have this paperwork?

Sorry but I'm so worried about this.

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Payplan are acting in your creditors interests and not yours.

 

What you are being told is to stop the DMP with Payplan and simply make the payments to creditors directly. You can write to each creditor, asking for standing order details and you will keep making payments directly for the time being, as you are not happy with Payplans services.

 

In the meantime send a CCA request to each creditor. For agreements that were taken out prior to April 2007, any creditor looking to enforce the debt in court, would need to supply a copy of your original signed agreement. Of course you would need to defend if a claim was issued, but without the original CCA they should not get a CCJ. If any creditor advised that they could not supply a copy of tne agreement you could stop paying while they are in default of the statutory request. You could put the money to one side in an account, that is separate to any Bank you owed a debt to.

 

Given your age and circumstances, you need to start putting yourself first. Unless you can rent from council or housing association, most rents require a deposit to be paid, as well as fees. If you can manage to get shot of these debts, then you can put money to one side.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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write to PP

state you are cancelling the plan and stopping the DD to them.

 

now all you do is await the forest to fall through you letterbox.

 

I suggest you start or get several loose leaf binders

one for each debt

then put each threat-o-gram in the right debts file

 

until each one complies with the CCA you ignore them and pay them nothing

 

can you list your debts please?

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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Thank you for your help!

 

Debts are:

 

MBNA circa £12,000

Yorkshire Bank credit card £12,500

Yorkshire Bank Current Account £2,500

Yorkshire Bank loan £2,400

 

I can't understand why I owe £2,500 on my current account as my overdraft limit was only £300??

 

Thank you again.

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Re overdraft, you will find this is mostly charges and interest applied. Yorkshire probably let that run for a very long time and it added up. You can complain about this and get it reduced.

 

Who owns these debts at the moment ?

We could do with some help from you.

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In regard to the overdraft debt, you could send a Data Protection Subject Access Request to Yorkshire for copies of all statements of account to see what interest and excess charges have been applied.

 

The same action with other debts might reveal information that might be helpful to you.

 

Re the charging order against the house, have you discussed this with anyone ? Presumably this was agreed with MBNA and is an interim order, so MBNA get paid the relevant debt left, at the time the house is sold, if there is sufficient equity.

 

The only problem you should be aware with stopping payments altogether, is that the current debt owners might start adding interest. Presumably at the moment, because you have an agreed payment amount, they are not adding interest ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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  • 4 weeks later...

I have received no response to my SARs to Cabot Financial or MCO Europe.

 

I sent my request off of 26th March.

 

What is my next step, please?

 

Do I stop paying Payplan?

 

I'm not paying interest to the debt collection agencies,

 

only on the interim charging order to MBNA.

 

Is it likely that bailiffs will come round?

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Has anyone successfully challenged creditors when they fail to respond to the CCA request?

 

Am I right in telling my creditors that this debt is not enforceable if they cannot provide the copies I have asked for?

 

And would it do me any good to write again?

 

I'm concerned that everyone might start slapping interest on again....

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you don't do anything more once a CCA is failed

they can do what they like

if its not enforceable ...jog on

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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Share on other sites

Most sell it on because they know its dodgy. No paperwork, or they know theyll never be able to collect. So they double dip when selling. They write it off against tax, and get money from the buyer.

 

DCA's do the same. They just want money, If they cant get money off the debt within their own timeframes, they sell it on to some other DCA to try.

 

Sadly not many people know their rights in regards to debts, So DCA's buy debts in their tens of thousands, of not more. If only 10% get tricked into paying, then its a bumper pay day for the DCA and they have a massive profit.

 

But theyre greedy as hell, so lie, threaten, intimidate and misuse the legal system to get as much as possible. Remember, they buy debts for maybe 10% of their worth, then try and chase for the full amount, giving them a MASSIVE return on each one paid.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If its sold once, chances are its unenforceable. Thats why you always do y our homework.

 

Are you being chased by a DCA atm?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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It shouldnt be taken as a given that simply because a debt has been around the dca block that it's unenforceable, although it is more likely to be the case.

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Not a given. very true. But extremely likely.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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