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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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    • 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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MOH.v.Blair Oliver Scott


shirei12
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Shieri dont worry they are just trying to scare you if you sent the account in dispute letter registered post and have delivery reciepts they are pretty toothless threats. This is the usual if we fighten someone we will get monies that we have bugger all chance of recovering through legal means paperwork (if they have failed to produce a valid CCA) that is .... :mad:

"I am no Solicitor but deal with REAL hard case lawyers everyday, this gives me the strength to deal with the lightweight idiots that are thrown at me everyday by DCAS :D"

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Hi Andy, I need some of your advise on how to deal with communication received today from Hillys.

They have supplied an old CCA for a loan which was settled in 2004 :eek:. I have it on paper on our Experian report that it was settled.

However they still have the account on hold awaiting statement of account. Are they trying to pull a fast one :mad:

Hello Guest

 

Regards Shirei

Edited by shirei12
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Hi Andy, I need some of your advise on how to deal with communication received today from Hillys.

They have supplied an old CCA for a loan which was settled in 2004 :eek:. I have it on paper on our Experian report that it was settled.

However they still have the account on hold awaiting statement of account. Are they trying to pull a fast one :mad:

Hello Guest

 

Regards Shirei

Just write back and explain that fact and that they are still in default of your request.

 

Andy

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Can anyone point me in the direction of a non compliance letter please.( I think thats what I need) They have gone over the 44 days now to supply agreement,what they have supplied is a different agreement number to what they are trying to collect.

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Good afternoon Shirei I trust you had a good weekend.

 

Now whats this as regards to a noncomplience notice?:confused:

 

Now what they have sent you is all they have, surely you are not going to prompt them in to finding the correct one are you?

Do you want to assist them in preparing the N1 also:)

 

Regards

 

Andy

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Just write back and explain that fact and that they are still in default of your request.

 

Andy

Hi Andy,

Yes weekend was good,thanks for asking and trust yours was also.

:D Not so much a non compliance notice as such,I have just explained as you said and reminded them they are still in default. Hope I did right I sent it recorded mail today:eek:

Regards

Shirei

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Okay yes that fine i thought you wanted to get legalish;)

 

Andy

Edited by Andyorch

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Who me ;) Although I did state in the letter " By not supplyong the documentation I believe you have now committed a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974."

Did I do wrong Andy, they passed the 44 days on the 24th.Sept.

Now I am worried I have done the wrong thing

 

Shirei

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Well the criminal offence part was reprieved (CCA2006) but not to worry they will get your jist Shirei,bigger worries trying to find the right debt they are chasing you for:D

 

Just post up anything else before you respond.

 

Andy

Edited by Andyorch

We could do with some help from you.

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No probs Shirei your on the higher ground here,keep it that way now go and and sit on the naughty step:D

 

Regards

 

Andy;)

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  • 3 weeks later...

Update:

Two letters today basically saying the same thing :DThey are still following up my request for documents,account on hold (again).

 

Update in 21 days blah blah blah

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This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

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This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

You need to get them to confirm which agreement they realy want to collect on, before you can respond further.

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Morning Shirei

 

See what i mean about getting involved and being enticed into their game if they dont know what they are collecting/chasing then it will be pantomime when and if they ever issue a Summons.

File do Nothing!!!!!!!

 

Regards

 

Andy

We could do with some help from you.

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Well they keep referring to all kinds of things from the unknown so perhaps they will blame their " Client " if it all ends t*t* up :D

 

 

Andy

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The Debt in question = The agreement and account number signed and executed, the Default Notice the Termination Notice any NoA (same account number) and of course the statements pertaining to said account.

 

Andy

We could do with some help from you.

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And they no enforcable agreement or sure which debt they want to collect from you so as said do nothing and file!!!;)

 

 

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

 

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This is getting sooooo confusing!! Had a letter on Saturday to say that after discussion with their client the agreement no.XXXXXX supplied covers both Loan and preference account,(which shows settled on my credit file.)What they are trying to collect on is a totaly different account number for which they have not supplied the agreement for. I need to get rid of these muppets.

 

Hi Shire,

 

Didn't realise this was a Preference Account. These are a very odd hybrid type of account. Originally, you probably had an agreement with the loan on one side and the preference account on the other. The loan would had stated 'Regulated by the Consumer Credit Act etc.", the Preference Account would not have had this. I'm assuming that this agreement is like the others on here including mine.

 

Have a look at my thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/94614-fred-bassett-bank-scotland.html

 

You'll find plenty of stuff on there about this and there are quite a few other threads on this as well.

 

BoS will try and claim that this is a bank account, therefore not regulated by the CCA, but all the evidence seems to prove otherwise. It would be worth having a look at your credit file to see how it is listed - bear in mind that it will be BoS themselves that are responsible for making this entry. If you don't want to stump up for Equifax, you can get a free one from Free Credit Report now and every year - annualcreditreport

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Morning Andy, I do see what you mean,but its hard to ignore them :mad: but if you say its best then I will. I cant understand why they keep reffering to THEIR CLIENT as they have told me they own it :confused:

 

Regards

 

Shirei

Hi shirei,

 

Blair Oliver and scott are part of Halifax, just a different desk, so their client is in fact them.

 

Just to confirm.

 

Account a Loan ( settled )

 

Account b preference account ( settled )

 

Account c, is the one they are chasing and is unknown to you.

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