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    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
    • A 'violent left wing mob', comprised of a chap in a red hoody with a damp polystyrene coffee cup and a bit of wet cement, gets nowhere near cowering frightened farage some distance away on top of his double decker bus .. as farages security and support seem to film the incident grinning     Farage bravely flinches, grimaces and seems to almost burst into tears as the 'objects managed to travel a part of the way toward his position on top of his bus. His reactions honed by having a bit of milk splash him at a prior incident allow him to swiftly fall into a protective cower and grimace .. .. Sometime after, once the mob of 1 had been safely bundled away, farage apparently wipes his eyes of tears, and rising from his cowed and frightened pose, bravely shouts “I will not be bullied or cowed by a violent left-wing mob who hate our country.” .. however few they may comprise of.   https://www.independent.co.uk/news/uk/crime/nigel-farage-cement-barnsley-reform-uk-b2560501.html  
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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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    • 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.
      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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Recurring credit scoring


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Due to my ongoing claim against Lloyds and their decision that as I am dispute on my current account, I must also be in dispute with my loan account, I have a lovely 6 months in arrears notice sitting on my credit file.

 

Recently this has hit back at me twice as two other creditors, First Direct and Next, have run the monthly credit scoring (which I apparently gave them permission to do when I opened my accounts), and decided I am a bad risk. First Direct have withheld my cheque facility and Next have dropped my credit level by £1000.

 

Has anybody had this experience before/ is there anyway I can revoke the permission I gave to run continual credit assessments??

 

:confused:

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

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Anybody there??

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE

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Of course you can revoke your permission to allow them to search your files willy-nilly, but they also have the right to withdraw your credit facilities and demand repayment by terminating your agreement with them - this is a bit tit-for-tat, if you ask me.

 

Rather than withdrawing your consent to search, it would be better to deal with the thing causing you the issue - the arrears recorded by Lloyds. Do you have a thread for this claim, so I can take a look?

 

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This is what Experian have been touting lately - their 'Risk Factor Assessment' ie one late payment mark and your entire credit rating is shot to pieces - no excuses and no comeback.

 

I believe it should be made illegal as you do not want Experian giving everyone who looks at your account the knowledge that you have a late payment... my last late payment was because Virgin Media sent my bill to a DCA instead of my new address - their excuse was they didn't have my new address - which was bull.

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Late payment markers are factual information - if they have their facts wrong, challenge them! If you did miss payments, they have a contractual right (your consent) to process those markers with the CRA's.

 

Incorrect factual information = incorrect payment markers = a Court claim for removal, in my eyes...

 

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Of course you can revoke your permission to allow them to search your files willy-nilly, but they also have the right to withdraw your credit facilities and demand repayment by terminating your agreement with them - this is a bit tit-for-tat, if you ask me.

 

Rather than withdrawing your consent to search, it would be better to deal with the thing causing you the issue - the arrears recorded by Lloyds. Do you have a thread for this claim, so I can take a look?

 

Hi there

 

No I don't have a thread for the Lloyds loan problem. Briefly, I applied for a payment holiday in September last year and they refused as I am reclaiming charges on current account and they told me that as far as they are concerned if I'm in dispute with one account I'm in dispute with all. Hence I stopped making payments on the loan, sort of thinking it might push them into a settlement, but now they've recorded my account as in arrears.

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE

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This is what Experian have been touting lately - their 'Risk Factor Assessment' ie one late payment mark and your entire credit rating is shot to pieces - no excuses and no comeback.

 

I believe it should be made illegal as you do not want Experian giving everyone who looks at your account the knowledge that you have a late payment... my last late payment was because Virgin Media sent my bill to a DCA instead of my new address - their excuse was they didn't have my new address - which was bull.

 

Can you prove that they did have your new address? I've got a complaint with the Data Commissioner going on at the moment because of a 1 month in arrears marker by First Direct on my current account, full story here http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/116160-unpaid-cheque-recorded-arrears.html

:p MY POSTS ARE MY OPINION ONLY...IF IN DOUBT TAKE PROPER ADVICE...I'M JUST CLAIMING TOO !

 

NatWest SETTLED IN FULL 25/08/06

Capital One settled in full 12/10/06

LTSB prelim letter sent 25/08/06

LTSB standard prelim response received 02/09/06

LBA sent 15/09/06

DONATE TO THIS SITE BY CLICKING THE LINK AT THE TOP OF THIS PAGE

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Hi there

 

No I don't have a thread for the Lloyds loan problem. Briefly, I applied for a payment holiday in September last year and they refused as I am reclaiming charges on current account and they told me that as far as they are concerned if I'm in dispute with one account I'm in dispute with all. Hence I stopped making payments on the loan, sort of thinking it might push them into a settlement, but now they've recorded my account as in arrears.

 

If the payment arrears are factually correct, you'll have a difficult - if not impossible - time getting them removed.

 

I'd be questioning their argument about all accounts being in dispute, as this clearly isn't the case! Your best attempt to get this corrected is to complain to the FOS, as they are clearly in breach of OFT Debt Collection Guidelines and the Banking Code by stating this and shouldn't be refusing payment holidays on the basis another account is in dispute, IMO.

 

Having said that, a payment holiday **probably** has to be agreed in advance. They didn't agree - you didn't pay under the terms of your contractual agreement.

 

I can't see how you can get the payment markers removed, as they are technically right. If you can query their decision surrounding refusal of giving a payment holiday, that will be the best approach in your case.

 

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  • 1 month later...

as Lloyds have admitted themselves your loan acct is in dispute they cannot process info on it to CRA's

 

banking code as follows;

 

The current Banking Code (Section 13.6) states: We may give information to Credit Reference Agencies about the personal debts you owe us if:

  • You have fallen behind with your payments,
  • The amount owed is not in dispute; and
  • You have not made proposals we are satisfied with for repaying your debt, following our formal demand

send them the letter on this link. they will have to remove the info on your credit report.

 

Account in Dispute Letters - Consumer Wiki

 

hope this helps

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