Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like
  • Recommended Topics

Abbey have sent my account to a debt collecters advice needed


mattyb13
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5959 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I received a letter today from a debt collection agency saying they have now taken over the debt of my account which is £350.

 

Abbey wrote to me on 27/11/07 to inform this is what they intended to do. I looked into this and replied by letter on 03/01/08 that as I have an ongoing claim which is currently stayed due to the test case.

 

The amount I am claiming is nearly £4k with interest and costs etc. So I informed them that I beleive the £350 to be in dispute, therefore under S13.6 of the banking code they could not regiester the debt as bad with credit reference agencies nor could they pass my debt on to a DCA.

 

They replied about 2 weeks ago saying sorry I am unhappy with the charges but there is an ongoing test case and they inclosed 3 pages of info about the test case???????????????????????????????

 

I then sent another letter a few days ago inclosing my original letter asking them to read it properly as Im not complaining about charges but the fact they are breaking the banking code.

 

Am I right in my argument, if so where do I stand now they have passed the debt on. Do I complain to the FOS about them breaking the banking code and do I/ can I complain to the FSA about them abusing the waiver that is in place.

 

Any thoughts/help greatly appreciated.

 

Many Thanks,

 

Matt.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Write to the DCA telling them the account is in dispute. If they seek to enforce the debt you can raise the defence of penalty and unfair charges. Any claim they do make is then likely to be stayed.

 

The likelihood is that the DCA will return the debt to Abbey as they would not wish to purchase a debt which they cannot enforce.

 

Also check with the credit reference agencies to see if this has been registered. If so ask for a notice of correction to be placed on your file.

 

Do also complain to FOS. I'm not sure if this is covered in the waiver, if so then complain to the FSA also.

 

All the best

 

Zoot :)

Link to post
Share on other sites

Thanks for the advice zoot,

 

I may ring the DCA tomorrow am, time is not really on my side. I received the letter from the DCA yesterday. They say they want payment in full by the 10th of this month.

 

Do I write to the credit reference agencies to get the correction to put on the record.

 

Thanks for your help,

 

Matt

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

Link to post
Share on other sites

Hi Matt

 

 

DCAs tend not to give too much time when asking for payment, but they do not generally seek to enforce payment so quickly. Its just one of their scare tactics.

 

You can query your Experian report here if you already have the details of the report.

 

There is a notice of correction form for Equifax here. The correction statement must be under 200 words.

 

All the best

 

Zoot :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...