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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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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 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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HFO Services - please help


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Are credit card charges and bank charges the same? What i was told is that due to the fact that you sign an agreement with a credit card you owe any charges on the account as you agreed. However with bank charges they are placed willy nilly on the account, is that true?

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is that true?
No. A charge is deemed unlawful if it is a penalty e.g. doesn't reflect the true cost. The true cost to the organisation is at most a couple of pounds so obviously any charges that are applied are unlawful as they all charge significantly more than that.
What i was told is that due to the fact that you sign an agreement with a credit card you owe any charges on the account as you agreed.
I presume you were told this by the credit card company. Penalty charges are still unlawful and would be deemed as an unfair term of the contract. Thousands of people have claimed back credit card charges, not just bank charges. Many on their credit cards have also claimed back interest on these charges at the contractual rate (the rate of interest on the card) using the very fact that there is a contract.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Just thought I would drop a line as not sure where to go from here. As posted previously, HFo have issed court proceedings even though I dispute the debt. This has been going on a while. I have issued a SAR and CCA to HFO on 5th Nov and a request for information under the Civil Procedures Rules on 10th Nov and the same to Turnbulls. The CPR state that information has to be forthcoming in 10 days. I have sent a copy of my defence to Turnbull as is required under CPR and I have had nothing back. I have copied the court in and requested they strike out the claim. The POC are ambiguous and contain no information about the alleged debt as is required. I now have an allocation questionnaire to complete but without the requested information I cannot get anywhere. I know HFO are in breach of just about every rule and guideline but am at a loss to know what to do next. The silence is kiling me!

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Just thought I would drop a line as not sure where to go from here. As posted previously, HFo have issed court proceedings even though I dispute the debt. This has been going on a while. I have issued a S.A.R - (Subject Access Request) and CCA to HFO on 5th Nov and a request for information under the Civil Procedures Rules on 10th Nov and the same to Turnbulls. The CPR state that information has to be forthcoming in 10 days. I have sent a copy of my defence to Turnbull as is required under CPR and I have had nothing back. I have copied the court in and requested they strike out the claim. The POC are ambiguous and contain no information about the alleged debt as is required. I now have an allocation questionnaire to complete but without the requested information I cannot get anywhere. I know HFO are in breach of just about every rule and guideline but am at a loss to know what to do next. The silence is kiling me!

 

I am so scared that my situation is going the same way. I sent a CCA letter to HFO, and got nothing, just a threatening letter from Turnbulls. I then received endless phone calls from HFO (how can they still be dealing with this if they have handed it to their Solicitiors?), and when I told the guy there that I would not speak on the phone and wanted everything to be done in writing, he just sneered at me and said "You have been misinformed. You've obviously been talking to Trading Standards!". How do these evil predators get away with breaking every rule there is? Good luck with everything.

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Just to add to the problems with HFO they use a so called 'delivery company' called First Direct Logistics Limited as a tracing agent. If you get a card from this lot it is deilvered by Royal Mail (very suspicious IMHO as any real courier company would post the card direct.....) 2nd class. It asks you to call an 0800 no and has a reference on it. The reference is an account no and states there is a packet they need to have further instructions on - DON'T contact them and take the card to Trading Standards as it is illegal to do this.

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I know HFO are in breach of just about every rule and guideline but am at a loss to know what to do next.

onecall1 you need to update your own thread and then I am sure someone will help you. Basically if they haven't supplied the information under the CPR the judge will do one of two things. Either give them more time to comply or throw the case out.
If they do provide the cca can they do everything they said they will???
If you mean will they take your house and possessions then no. The worst that will happen is that you will get a CCJ awarded against you and pay it in installents that you can afford.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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They might go for a CCJ in Wandsworth County Court but this is easy to challenge (the court are aware of their tactics btw and are starting to question them about the lack of evidence they present) and again they can't send in bailiffs without going to court.

 

They might issue a 'pre-bailiff' visit but this isn't worth the paper it is written on. All that is is new terminology for a debt collector visit where they can check out if you have any fancy tvs etc and might be worth frighening that way. Again there is a template letter you can send withdrawing their rights to this and stating if anyone does turn up it will be trespass.

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  • 1 month later...

hi rory i have tried to get peter to look at my link to look at two aggreements i have from 1992 and would really /well desperately need some input as to wether the documents are valid,even though they are statute barred i am unsure wether it is possible to have them removed from the charge they hold over my property much apreaciated

patrickq1

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123193-patrickq1-hfo-morgan-stanley.html?highlight=hfo

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i now have the full history of HFO i will post on my thread listed below tommorrow te te lets see what they think of the data protections lol this history sheet goes right back to 1993 you would not beleive how many bankruptcies they have against them(the directors that is)te he you will laugh at it im in fits laughing at it now

patrickq1

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/123193-patrickq1-hfo-morgan-stanley.html?highlight=hfo

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just got this in post today

just got the post now,

HFO say

I have been reveiwing your account history and i can confirm that because of your personal circumstances you qualify for a substantial discount on your outstanding balance,however ,this offer will only be available for 5 days so you need to call me as soon as possible. if you call me today,you can stop worrying about this debt.

if you fail to get in touch,HFO will have no optionbut to instruct solicitors to sue you in order to recover the debt Once the solicitors are involved i will no longer be in a position to help you .HFO will not write of your debt so there is no point in ignoring this situation

 

i,ll do everything i can to help you ,whatever the circumstances.Please give me a call

yours sincerely

miss nosey

well miss nosey( oops) i do not owe you a penny do what you have to do...before you do please do not ignore my last correspondance with you 10/01/2008 many thanks

oh ps.please send the CONTRACT as required thank you

for your caring letter

I am in receipt of your letter, ref case no.xxxxxxxx

Many thanks for your response to my CCA REQUEST ,

It seems you have forgotten to include this in with your letter .I have also sent notification to MORGAN STANLEY GOLDFISH, about my concerns about your harassment by phone. we have also instructed MORGAN STANLEY/GOLDFISH to begin their prosecution, this would be most welcome, as for yourselves you may pass your data to, T AND R SOLICITORS upstairs , with the view to considering legal action,

I look forward to any actions you wish to persue in fact I welcome it

I shall not bother at this stage to repeat myself concerning the CCA NOTIFICATION sent by recorded delivery and received by your office ?but I shall pass your details and all recorded phone calls made by yourselves to the FOS who are awaiting the final

Compilation of information from me concerning your harassment and breach of the legal system and rules that you are supposed to be guided by, again I repeat please begin your actions as soon as you possibly can if you like I can forward a copy of this e mail to T and R for you just to save you some postage and not to mention the strain on your legs walking up the stairs to their office

Many thanks

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hahahahahahahahahahahahahahaha

 

Patrick darling you've made my day!

 

I am so glad you're using "this" thread to do this!

 

I laughed out loud when I read it!!!!!!!!!!!

 

Don't forget to mention any names involved in your case - I had an "Alan" and an "Emily" who are no more English than I am! I'm welsh but not to be offensive I think they may be asian and I don't think Alan is an asian name.

 

Seriously had it just been them harrassing me I would've had a field day with this company. I am bankrupt and I can now finally smugly say - you're getting SWEET FA!!!!!!!!!!!!!!!!!!!!!!

In fact are they open now so I can talk to ALAN or EMILY??

 

You have every right to send this letter and I wish you the best of luck.

 

By the way everyone. BR is the best thing I ever did. I am sorry I ran up the debt but coming out the other side is so much of a relief. It's my 1 month milestone tomorrow

 

L x

Get a life - you only get ONE!

 

http://www.nationaldebtline.co.uk/

http://www.insolvency.gov.uk/

http://www.citizensadvice.org.uk/

http://www.cccs.co.uk/

 

BSC No 60

12.12.2007 - 9.54am

**Discharged Friday 12th December 2008**

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well i am glad you have got over the bankruptcy it is a terrifying thing to go through but when its all over their is no shame that you probably assumed and dont worry about me i intend to beat HFO whatever they try to throw at me,just glad i have my health at the moment...but it is good to see you have a smile

patrickq1

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cheers andrew1 i had to write that because i just cannot stand muppets ringing every day and have also sent a letter email to MORGAN STANLEY AND GOLDFISH,

they have had there fun now its my time and after this op i am getting better not 100% as yet but soon..last year i was really just to ill i could nt walk more than two yards because of this illness but i am getting better and now able to think and rely on myself....

so sparks will start flying

patrickq1

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cheers andrew1 i had to write that because i just cannot stand muppets ringing every day and have also sent a letter email to MORGAN STANLEY AND GOLDFISH,

they have had there fun now its my time and after this op i am getting better not 100% as yet but soon..last year i was really just to ill i could nt walk more than two yards because of this illness but i am getting better and now able to think and rely on myself....

so sparks will start flying

patrickq1

 

Good to hear it Partick!

Without our health we are all 'Nothing' - not even for the muppets :p

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  • 3 weeks later...

HI All - just to update you all - went to Court to get judgement in default set aside this morning. Despite having heard nothing from HFO/Turnbulls since July 07 - only their dodgy proceedings - they duly sent an agent solicitor who produced a statement of case that they clearly use all the time in instances such as this - mainly because it referred to "him" all the way through - and im not, Im a she - honest guv!

 

Anyway got Judgement set aside cos they couldnt produce any documentation. Didnt get the claim struck out tho, have to file my defence in 28 days and only got costs in the cause.

 

Anyhow got what I went for - ie the dodgy judgement set aside so they cant register their charge on my property!!! MMmwwwaaaaahhhhhaaaaaaa!!

 

Just as a matter of interest the Judge did comment that one of the criteria for me to satisfy is that I would have a reasonable chance of success with my claim for charges. He said although that matter was currently before the OFT it was his view that the way that was going, I would have a more than reasonable chance of success!!! HHhoooooorrrraaaahhhh

 

And for those that follow my ramblings - I am STILL trying to get hold of Wandsworth County Court on the other case.....

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Hi Bluefairy

 

Well done on getting the set asdie. One down, the rest will follow.

 

Is there any chance you could post up the statment of case with deletions to protect the innocent, just so we all know what line HFO take when challenged?

 

Cheers

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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HI All - just to update you all - went to Court to get judgement in default set aside this morning. Despite having heard nothing from HFO/Turnbulls since July 07 - only their dodgy proceedings - they duly sent an agent solicitor who produced a statement of case that they clearly use all the time in instances such as this - mainly because it referred to "him" all the way through - and im not, Im a she - honest guv!

 

Anyway got Judgement set aside cos they couldnt produce any documentation. Didnt get the claim struck out tho, have to file my defence in 28 days and only got costs in the cause.

 

Anyhow got what I went for - ie the dodgy judgement set aside so they cant register their charge on my property!!! MMmwwwaaaaahhhhhaaaaaaa!!

 

Just as a matter of interest the Judge did comment that one of the criteria for me to satisfy is that I would have a reasonable chance of success with my claim for charges. He said although that matter was currently before the OFT it was his view that the way that was going, I would have a more than reasonable chance of success!!! HHhoooooorrrraaaahhhh

 

And for those that follow my ramblings - I am STILL trying to get hold of Wandsworth County Court on the other case.....

 

 

 

Hey well done. This is an interesting point of view from a Judge...makes a nice change...wonder if he knows more than he should? :rolleyes:

 

 

Sarah

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