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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.

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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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Barclaycard


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Re signature ... maybe they lost paperwork of yours??? They should have your signature on file several times !

 

 

This is what is worrying as the implication is they can scan signatures onto agreements, after all they happily send out statements and other correspondance to us without needing proof of signature, why should a CCA REquest be any different

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Do the managers and line managers there actually tell you, as collection agents to disregard debtors when they say they've been in contact with CAB/CCCS/Payplan etc and continue to try and collect payments?

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Barclaycard do not like to deal with the cccs or national debtline as it means that they would have to accept in most cases payments of just a £1 a month

 

that's not true, but we digress

 

and that they would have to stop the interest. Remember they want to get interest from you so not in their best interest to deal with cccs or national debtline.

 

why do they spend THOUSANDS funding this organisations then?

 

sounds like a very, very messed up polciy issue to me.

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They provide money to cccs same as all other companies. This doesnt mean that they will necesssarily want to deal with the cccs/cab and also fee charging dmcs.

 

They tell the customer account managers to NOT get embroiled with any chat re cccs etc and to JUST GET THE PAYMENT.

 

Staff will say to customers I am not interested in what is happening to you outside .... I just want a payment now..

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Is it true that Barclaycard will only accept 1% minimum payment from a debtor and that they won't stop interest and charges unless they have been approached by a company that deals with DMP ie Payplan, CCCS.

 

My partner has defaulted on his Barclaycard and we have offered a pro-rata payment but Barclaycard are the only creditor that will not accept payment and insist on adding interest and charges until they have been contacted by a Debt Management Company acting on our behalf.

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The way that they work is the lowest that any of the collectors is allowed to accept over the phone is 1% of the balance. If you get a collector that is NICE and has a BRAIN they will agree for the interest on teh account to be stopped for 6 months then reviewed. If not then the interest will be reduced to a 1/3rd of what it originally was and then would be reviewed. If the pro rata payment is less than 1% of the balance then yes you will be told to contact a dmc ( go for non fee charging) but whilst you do not have an agreement on the account it would still be subject to charges...

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Is it true that Barclaycard will only accept 1% minimum payment from a debtor and that they won't stop interest and charges unless they have been approached by a company that deals with DMP ie Payplan, CCCS.

 

My partner has defaulted on his Barclaycard and we have offered a pro-rata payment but Barclaycard are the only creditor that will not accept payment and insist on adding interest and charges until they have been contacted by a Debt Management Company acting on our behalf.

Hi Heather

 

After a long struggle lasting several months, involving Barclaycard/Mercers, and then RMA/NCO and Credit Solutions/power2contact, I finally got Barclaycard to recall my 2 accounts from the aforementioned DCAs (a third, my partners account, was still with Mercers but also got got recalled).

 

I had been paying a pro-rata amount (just under £2 to just under £3) to each of the 3 accounts even though Barclaycard and all the DCAs kept telling me it was not enough and they wanted more.

 

What finally swung it was when I got CAB to "authenticate" my Income and Expenditure form, and fax the document to Barclaycard (presumably with a covering letter) even though they were not actually managing my payments. Even after this was done it still took several weeks and many hassling phone calls from the DCAs who all denied receiving the faxed documents even though CAB had fax transmission reports to prove they had been sent (and therefore received). Interest is no longer being added to the accounts as far as I am aware, at least that was what I was told several months ago by Barclaycard.

 

How long I will be allowed to continue making these small token payments by Barclaycard before they spring a surprise on me remains to be seen.

 

I hope that encourages you,

 

Rob

 

Edit: Typo

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Hi

This is just a quick outlay .in 2005 I paid my b?card bill to a branch of Barclay's. some months later i received a statement with an over charge for late payment.

 

I contacted my bank for verification of the check being paid to B/card which they sent me back copies of the check being paid to Barclay card for the amount of £50.00

 

I sent in the copy of the check to Barclay card along with a letter detailing that they need to sort this out and that I have been wrongfully charged. to cut a long story short it took me the best part of 2 and a half yrs to get them to accept that I have in deed paid them. all thats was received from Barclay's was £74.00 credit which was the final payment on the balance of the credit card i was not refunded the late payment charge.

 

Nor to date have I received a compensation for times spent and wasted trying to convince them. can you tell me whats behind all this and why Barclays behave in such manner?

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Barclaycard sent me a illegible copy of an application form as an excuse for a CCA. They eventually transferred my account to RMA/NCO from whom I've had constant hassle and threats to send around a doorstep caller. Today I received another letter from Barclaycard stating that as far as they are concerned the application form is the CCA and in 1 further month they intend to recommence collection activities.

 

Where do they get off doing this?

 

Do they really believe that an application is a CCA or is this there continued tactics?

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Thanks for your important insight Happy

 

Actually Barclaycard were okay with me when I could not pay, they accepted token payments for six months and then I cleared my arrears and still use the card without any problems. However recently they have started to decrease my credit limit each month, not a big problem since I am wanting to get rid of all my cards anyway but slightly underhand.

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Hi rich,

 

Have a look at this thread

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/120140-hfo.html#post1229128

Onecall1 might have some answers for you!

 

regards,

shane

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