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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 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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Link and old Lloyds Credit Card


odds
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Hi Pete,

 

It doesn`t matter which letter you send anyway, the idiots won`t read it and send you another `you are behind with your payments` letter.

 

So just send it.

 

Or, you could use the one off my thread if you want, it`s slightly longer and will confuse them even more, if they do decide to read it.

 

 

N.P

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  • 1 month later...

Hi again odds,

 

I had something like that on my statements, a while later I received a letter from MHA Collections. They are basically Lloyds under a different name.

 

Did you CCA these empty heads at all? Ican`t remember if you did or not.

 

I have the address for MHA, I`ll pop it up later this evening if no one else does, I`m in a rush at the moment to go out.

 

Catch you later.

 

Regards

 

 

N.P

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Hi marjie,

 

Welcome aboard the Lloyds bus to numptyvill.

 

Yeah, I agree, they never acknowledge any letters until the have to, IE legal ones. That`s why I never respond to their, except the legal ones of course.

 

Do you have a thread we can subscribe to?

 

Regards

 

 

N.P

 

 

 

P.S. Hi Pete, how are you doing these days? :p

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Hi Pete,

 

Check out this letter I received from MHA. It has their address on.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/112783-lloyds-tsb-mastercard-7.html#post1434810

 

Hope this helps.

 

Regards

 

 

N.P

 

 

 

 

 

P.S. Does anyone know how to paste links to a certain post from a thread, so when it`s clicked it goes straight to that post? My links seem to open up the right thread but always show the top of the page and not the specific post. Thanks.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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no not at the moment, i have 2 cards with them just waiting to see if they reply to my requests for a copy of cca because they wont accept reduced payments due to me being sick from work,:x they have already sent me 2 default letters i will post up if i receive anything else thanks :-)

 

 

You could start a thread and post all the letters / documents you have received so far. Then people can follow how your doing.

 

Have a look on the above like in my above post to see hassles with Lloyds Mastercard.

 

Regards

 

 

N.P

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Quick update :

 

More and more companies now send letters with just a barcode on the envelope, so how do you know when they are actually posted.

 

Pete.

 

 

I usually go off the date on the actual letter. Chances are they get posted the same day, although the just about always use 2nd Class. Strange eh?

 

 

N.P

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Just ring Lloyds and ask to speak to the empty head on the desk behind from MHA :p

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lol NP.

 

that sounds like something i should say to the inhouse ppl if they ever call me.

 

 

Heh heh, yeah, the guy with all the pies and the silly, irritating USB rocket launcher on his desk.

 

I know it doesn`t help Pete at all, but we must still have a laugh. At least he might have a smile on his face in his hour of doom ;)

 

 

N.P

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Hi odds,

 

Put the two letters and Postal Order in the same envelope and send them Recorded.

 

Let the idiots sort it out themselves, no point in wasting two stamps on them.

 

Just make sure you print your name on both letters, don`t sign them.

 

Regards

 

 

N.P

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Hi Pete,

 

Make it to MHA, they are the ones hassling you.

 

Print out your letter, and also your CCA request and bundle them both into the same envelope together with your PO, and send it Recorded or Special Delivery.

 

At least when it gets signed for you know they have them both.

 

They`ll probably just ignore them, and pay the £1 off the Card, LOL. That`s what the knob jockeys did with me.

 

 

N.P

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  • 2 weeks later...

Hi Pete,

 

Did you send it Recorded Delivery or Special Delivery?

 

I find just about every time you send something Recorded Delivery it never gets signed for. What usually happens it that all of the RC post is delivered in a big sack together and a sheet is signed for. You could ask for a copy of that sheet to see if your item was on, but I`m not sure what the sheet is called. Perhaps someone can help out here?

 

I think they deliver things this way because these Banks get so much RC post these days, that for the Postman to get a signature for each one would be impossible.

 

As long as you have proof of postage it will be deemed as received.

 

I usually take mine into the Bank and ask someone to sign for my envelope. Then I KNOW they have it.

 

Regards

 

 

N.P

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The letter (post #74) they must also have my CCA request. The letter I got this morning was dated 21st May, so presumably they got my CCA request before then, so when should I count from ? Or wont they bother responding anyway.

 

Pete.

 

 

Hi Pete,

 

As long as you have proof of posting, just count from 2 days after you sent it off.

 

Two days to allow for delivery and a further 10 working days to default. Follow that with another 30 days for a criminal offence, not that that will make any difference to them, they`ll still lash you with interest and charges.

 

 

 

N.P

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  • 2 weeks later...

Hi Pete,

 

How you doing mate?

 

Well, seems your now seeing how nice and helpful Lloyds TSB really are. The Bank that used to say yes, until the Government tried to bankrupt everyone :mad:

 

 

N.P

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Hi N.P

Keeping quite well at the moment thanks, I see you are having a little trouble with them aswell. Anyway my CCA request was sent on the 13th of May, so I reckon that the time is up today. That means absolutely nowt though to them does it.

 

Pete.

 

 

Err, no, it means absolutely FA. They blanked my CCA request for about 3 months then sent it together with a `sorry we didn`t reply sooner` letter, or course the arse wipes still kept lashing interest on.

 

Might have to take a trip down to Brighton with a couple of Uzi`s or a Heli-Gunship off eBay, and spray them around a bit :mad:

 

 

 

N.P

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Hi Pete,

 

How are you mate?

 

Sooo, BLS are after you know eh? Well, I can`t think or find anything off hand what you could use as a reply.

 

But, saying that, the first threatening letter I received after non complience of my CCA request was from their Solicitors, SC&M.

 

I responded with this letter, have a good read and you should be able to edit it for your needs quite easily. Let me know if it helps mate -

 

 

 

DO NOT IGNORE THIS LETTER!

 

 

 

ACCOUNT NUMBER: N.P`s card number.

 

Dear Morons,

 

RE: REQUEST FOR COPY OF CREDIT AGREEMENT

 

Further to your recent Default Notice dated 9th January and your letter dated 17th December 2007, the contents of which are noted, although, quite frankly I am astounded by its contents.

 

May I draw your attention to the first paragraph of your letter wherein you state "it would appear this account is currently a low priority to you". On the contrary it would appear that my request under Consumer Law is in fact a low priority to you, since you have taken the decision to totally ignore my letter dated 21st September 2007.

 

You should note that I have no intention whatsoever of contacting you by telephone to discuss this matter. I will only communicate with you in writing. You will not receive from me any "explanation" as you put it, regarding the activity on my account since I am still awaiting a response to my letter dated 21st September 2007 or your "explanation" as to why you are unable to respond fully to its contents.

 

I must advise you that any legal action you commence will be most vigorously defended, and I will show the court all correspondence in my possession of your blatant disregard for my rights as a consumer under the Consumer Credit Act 1974.

 

I note that to date you have still not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for.

 

The Consumer Credit Act 1974 demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 21st September 2007.

 

My request remains outstanding and I still require you to send me a true copy of the original credit agreement. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

For the avoidance of any doubt I have included section 78(1) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections [(4) to (5)] do not apply to a small agreement.

 

 

For an agreement to be properly executed it must contain certain terms and be signed by both debtor and creditor. The required terms are laid out in regulations (SI 1983/1553) and is covered by sections 60 and 61 Consumer Credit Act 1974

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms, and

 

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

Therefore based upon the Consumer Credit Act 1974 this debt, as it stands, is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.

 

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection.

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment.

 

 

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974 and a true copy of the original Application Form. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist.

 

No other correspondence will be accepted.

 

I trust this out lines the situation.

 

Regards

 

 

Me

 

 

 

Catch you later.

 

Regards

 

 

N.P

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By the way, it`s after 12 days they Default, and after the 30 days they commit the Criminal Offence, do they care? Do they f**k!

 

I`d have thought they should stop all activity as soon as they default, or until they have supplied you with the relevent paperwork.

 

 

N.P

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Hi Pete,

 

That happened to me.

 

Send your reply to BLS.

 

Paul says they are often keen to litigate, so get a reply out to them ASAP.

 

 

N.P

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Hi Pete,

 

It looks like MHA passed it back to Lloyds, who seem to have now passed it to BLS, so you should deal with them clowns.

 

Right, I`m off to pop into bed with the toddler, she keeps chewing me to get in with her. I guess I`ll have to or she`ll never go off.

 

Catch you later.

 

 

N.P

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  • 1 month later...

Hi Pete,

 

I thinks she means it`s fine as it is.

 

Hope your doing well?

 

 

 

N.P

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  • 2 weeks later...

Hi odds,

 

If they have not responded to your CCA, then you can legally withhold ALL payments. You are under no obligation to pay them anything now.

 

With them accepting your £1 payments may be their way of getting you to acknowledge the debt. Why would you want to pay off their interest on an account which has been in dispute for months?

 

Tell them you will only pay the £1 a month providing they remove the £1k interest, and you want this in writing.

 

It is entirely up to you which way you go, but just look at it from there.

 

Hope this helps.

 

Regards

 

 

Neil.

 

 

P.S. Do you think the mofo`s make a goodwill gesture to you? Even if they do remove the charges, they still had a nerve applying them in the first place on a disputed account.

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Hi Pete,

 

Possibly because you didn`t pay the full monthly payment. For example, if your monthly payment due is £30 and you only pay £1, your then £29 down, so they will whack a charge on.

 

Thats the only thing I can think of.

 

Regards

 

 

 

Neil.

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Hi Pete, Hi GodMother,

 

I`m not 100% sure as to why they seem to have a strange pattern Pete, but GM seems to agree with me on this.

 

Perhaps with the account being in dispute, they may apply charges some months but not others, to possibly try and look like they`re not bombarding you with charges on a disputed account. That`s the only thing I can think of. They WILL try anyway to get anything out of you.

 

My campaign of hate started when I knew on the day that my Lloyds TSB Mastercard was due out that I would be short, but paid money into the account the same day, but instead of waiting untill the end of the business day to sort things out, they bounced the Mastercard monthly payment and added a missed and also a late payment charge on the card. And also a £35 charge on the current account. From that moment, it was war........ and I`m not budging, not matter what BS they give me! :mad:

 

 

 

Neil

Edited by N.P
Wrong word

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How`s you health these day Pete, I hope you doing well and getting stronger. You`ll probably need to with these mofo`s

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That sounds dodgy, are you saying someone actually went into the safe and took and used your card, or you were the victim of ID theft? I think it would be hard for someone just to take the card and use it without knowing your pin, won`t it be blocked or eaten after 3 wrong pin attempts?

 

I once received a invoice from Spain for £180+ for a Satellite Internet Service. It turned out there was £180+ used on my Egg Card, and when I asked them to check what the hell this way, someone somehow managed to use my card number etc in Spain. Egg cancelled the card, setup a new account and card and started a trace or something like that, as far as I know.

 

It was quite an inconvenience at the time, but I thought it was quite clever and cool at the same time. I didn`t lose out in anyway, just inconvenienced.

 

 

 

N.P

Edited by dx100uk
unnecessary previous post quote removed

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Adding to that......

 

I would have thought the idiots should look into your complaint instead of hassling you, but then again, this IS Lloyds TSB we are on about here. We shouldn`t expect anything else from these parasitic, moronic, empty headed knob jockeys. :mad:

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