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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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Barclaycard/Mercers insider info - probably valid for other DCAs


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Most of the calls you get are on a dialer system. A computer makes the phone call and then when you pick up diverts it to a agent who gets a beep in their ear. Your account details then pop up on their screen and they begin talking all their crap. They know nothing about your account until they get that beep. We would usually use the time taking you through security just to have a quick glance at your account details. The calls are relentless and they will call you every day if they have to. How it works is that the dialer (computer) creates a list in the morning of everyone in their collection's department. It then starts the list at 8am in the morning and then once finished usually at around 1pm they will simply run it again. Sometimes you would phone the same people up to 4 times a day. It's basically harassment.

 

 

I'm getting between 3-4 of these calls every day, but because of the long delay before the call get diverted... I always know who it is, so it gives me time to hang up. :D Most of the time I'm at work anyway... and come home to several robotic messages asking me to "please" call Barclaycard. These are usually deleted around the same time as waiting for the kettle to boil. At the week-end, my 'phone just gets unplugged, so they can't disturb my lie-in... as they always make the first call at around 8.15 am.... :D

 

I was going to send a bog off letter, but haven't found the time as yet. However, I can guarantee they'll get pee'd off with me before I'm even bothered by them. Stupid bergers... :rolleyes::D

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  • 1 month later...
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Going by SAR from A&L which said something similar, it probably means they've discharged the debt from their books, claimed a number of tax advantages for doing so and then sold it on.

 

If so, then if you carry on looking, you may even find who it was sold to...:cool:

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  • 1 month later...
Cabot tend to buy a LOT of Barclaycard debt. Very cosy the pair of them are, too. If they were people rather than companies, I'd suspect them of sharing the same duvet. ;)

 

And the chances of Cabot managing to pull an actual agreement from the Barclaycard corporate hat is minimal.

 

But do bear in mind though, that if you DO take the advice, and tell BC to shove it, you'll then be lumbered with having to deal with Cabot, or someone very similar. Who MAY try to chance their arm with you in court.

 

That in itself CAN be fun, though. :D

 

Oh dear.... looks like I may be joining the Fan Club soon then.... :grin: ....

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You really do need to read around the forums to familiarise youself with these muppets, but the golden rule is NOT to get into any 'phone conversations. The easiest way is to simply refuse to go through "security"... or hang up. If you don't go through security, then they cannot discuss the account with you....

 

All they've told you is complete and total bowlarks... they have no powers to send in bailiffs :rolleyes: . They would need a CCJ first... it's just a scare tactic. If you start a thread of your own and outline what's being going on, then we'll be able to help you much better.

 

:)

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You really need to start a thread of your own with this, John... Before you do though, was that a request for a copy of your agreement using a template from this site... and did you send it by rec. delivery ?

 

If not, then it will need to go off again....

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Well, after a brief spell of silence from Mercers (2/3 weeks with no calls).... they started off again with a vengeance at the beginning of this week. This doesn't bother me in the slightest :rolleyes: ... since I'm usually at work anyway and only come home to find some "robot" telling me to "Please call Mercers, on blah, blah... which gets promptly deleted.

 

I am off this week though.... so I'm at HOME. Last night, there was "Laura" asking for me by my first name.... which is never what my friends call me anyway, so that's the first giveaway. She got very irate when I wouldn't confirm my surname and since I'm one of the calmest people on the planet (most of the time).... this seemed to irritate her further, until she finally hung up in temper. :D

 

Had one robot this morning... after unplugging the 'phone overnight... and one guy this afternoon, who'd already hung up before my daughter could pass the 'phone across. My call log is now on 2 pages and growing by the day.... a complaint has already gone in to Barclaycard and cc'd to Mercers, which they've effectively ignored..... so, it's going to boil down to who is going to get on whose nerves first. Maybe I'm strange.... but it's kinda amusing.... lol !

 

No CCA though.... tut ! :p

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  • 1 month later...

Hi Ash..... you need to start your own threaad on this. Mercers are one of the worst for ignoring complaints about telephone harrassment. Your name is one of hundreds on a telephone dialler software programme..... so when you hear the space-age gap before anyone speaks, just hang up and they'll move on to the next person on the list.

 

If they do catch you however, just refuse to go through "security" and they'll have no choice but to hang up themselves. Don't have any more dealings with them on the 'phone....

 

Start your own thread and someone will find you to advise further.

 

:)

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  • 5 weeks later...
What about if you have a property with equity - can they not put a charge in your property?

 

Only if they know about it.... and some of these people rely on you telling them. :cool:

 

Mercers can't do anything anyway because they're only "agents" for Barclaycard. Barclaycard can, but not as easily as they'd have you believe. If they do threaten you with a pc though (& a CCJ), then you need to defend.... otherwise they could get both by default.

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  • 1 month later...
After the debt has been sold off, then WHAT HAPPENS? It means that a DCA will have made a bulk purchase of thousands of accounts under one Deed of Assignment for absolute peanuts. They will then attempt to chase up the full outstanding balance on each account when it was with the original creditor and in doing so, generally hassle people to death in the hope that they'll get scared enough to pay up without question.:rolleyes: Can the debt collection agency enforce a Charge on the Property (if one has a mortgage) They would need a CCJ first... so, no. and If there is a Charge on Property - can the Court Order a repossession and take the property to sell and repay the debt? Well, you've just described the kind of easy life that DCAs were having for years..... going for CCJs, usually with no enforceable paperwork and with an incorrect balance on assignment, due to unlawful charges being added both before and after it's sale. It really isn't as simple as that however and, providing you take the advice on here, you can avoid such a scenario in the majority of cases.

 

Please to hear how to deal with these issues. Thanks all.

It's best to start a thread of your own...so that we know which stage you're at with these muppets, who is chasing you, etc.... rather than lose yourself in a large generalised thread such as this one.

 

 

:)

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