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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.

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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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Link/Kearns PAP Letter Of Claim - Newday Credit Card


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Hi everyone, just received a " Letter of claim " letter from Kearns Solicicitors. They have given me 30 days to respond to a credit card debt I defaulted on last year.

 

The amount is for £700, but due to ill health I have been unable to communicate with the DCA " Asset Link Capital ( bought from Newday LTD )

 

My question is this likely to to go to court as threatened ?

I havn't been able to work for a year, and am in massive debt with no income.

Just wondered if I should respond, but I have nothing to offer ?

Thanks in advance for any advice, I do appreciate it really.

Thank you.

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Please will you read up about the new pre-action protocol. The fact that they have given you 30 days to respond indicates that they understand the new rules.

 

Also please will you fill this out and post the results back here

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Thank's for the speedy reply, I will try and get all the info but I am not that good at this stuff due to my poor mental health.

 

Just to clarify this is not an actual court form, but a letter threatening court if I do not respond !

 

Thanks

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What is the claim for –

 

As per previous correspondence we can confirm that the benefit of the above referenced debt was legally assigned to Aseet Link Capitol(N05) Limited on the **/**/2017 with Link Financial Outsourcing Limited being appointed to administer and recover the account.

We would also like to take this opportunity to confirm that the original agreement was incepted on the **/**/2016,

the original creditor being Newday LTD.

If required you may request a copy of the original agreement.

Due to your default the full balance is due and outstanding.

Link Financial Outsourcing Limited has attempted to negotiate payment of the amount with you but has however not been successful.

In the circumstances we hereby demand payment of the outstanding amount.

What is the value of the claim? £700

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Last year.

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Dca has bought it.

Were you aware the account had been assigned – did you receive a Notice of Assignment? To be honest I have been mentally broken for over a year so I cannot be sure, sorry !

Did you receive a Default Notice from the original creditor? Not sure.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, for the above reason I am not sure !

Why did you cease payments?

Ill health and loss of employment

 

What was the date of your last payment? Must have been last year.

Was there a dispute with the original creditor that remains unresolved? Just couldn't pay !

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? I did inform all my creditors ( my wife did it on my behalf ) that we could no longer keep up the payments due to ill health.

Edited by terminator123
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hi ya

I think BF must have posted the wrong link

 

here is what you need to do.

particularly post 6

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

this has been sold very quick

 

i'll guess this is an aqua credit card?

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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hi ya

I think BF must have posted the wrong link

 

here is what you need to do.

particularly post 6

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

this has been sold very quick

 

i'll guess this is an aqua credit card?

 

Youd be right there DX - Newday :)

 

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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Can I just confirm . . . . do I fill in the form asking for more information ( which gives me another 30 days ) and send them a CCA request, which has to be replied within 12 days ? Just a bit confused, sorry !!!

 

If I send both will they have to reply in 12 or 30 days ?

 

Thank you.

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12 + 2 to respond to the CCA request and 30 days to respond to the PaP.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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you follow as post 5

 

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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