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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
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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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Advice Please


Adam Manchester
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Hi, this is the first time I post in here.

 

I have the following with NatWest:

A GA with an overdraft facility of £2000

A loan of £23 500 (monthly instalment 310)

 

I lost my job in November 2007, so I stopped using the bank account which stood at: - £ 1981.

 

I got in touch with the bank and told them on the phone that I lost my job and that I am on job seekers’ allowance. My account is now on default and will be closed shortly. According to them it will be sent to a collection agency.

 

I have checked the last statement they sent me and it seems my debt on my account is now £2200.

 

I would like to ask you the following please:

- Should the bank have added £219 worth of charges on my account? (it might sound it is a small amount but it isn’t when you are in debt)

- I am not running from my debts, so if the debt goes to a collection agency what is the best way for dealing with them; i.e., I want to pay the debt but in a way I can afford, as sometime in the near future I will be starting a new job. Will there be more charges and interest added to my debt.

 

I appreciate your input.

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Guest louis wu

Hi Adam,

 

The bank will continue to add the charges whatever your personal circumstance. You could try writing to them, explaining your situation, and asking them to freeze the account, there are lots of templated letters here, just find (and modify if required) one that suits your needs.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Try that, then keep an eye on the current case thats on-going to see what the result on Bank Charges will be, and then get ready to (hopefully) reclaim all your charges.

 

Good luck

 

louis

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Check your paperwork as well, you may have taken an insurance out to protect your loan repayments if you were to become unemployed. My OH was where you are now 3yrs ago when ill health forced him out of work. It was really scary at the time, he wrote to all his creditors asking them to freeze the interest etc. and accept reduced payments. Most were accommodating, except for Natwest who carried on adding on charges all along, he is now in the process of reclaiming them through the help and info here on CAG. Regards, Joan.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Many thanks to Louis and Joan for their comments.

 

When the account is in the hand of a collection agency, will more charges be added? (I am sorry if my questions are silly but I am in deep trouble and don't know what to do).

 

My own belief is that if my accounts went to a DCA the charges will stop and I can negotiate a payment plan with the DCAs.

 

I have the following debts:

NatWest loan: £23 500

NatWest GA: £2200

NatWest MasterCard: £620 (they agreed to stop the charges and

accepted token payments of £1 each month for 6

months)

NatWest VISA card: £1800 (they are processing my account)

EGG card: £ 731 Account is now closed and with a collection agency

called 'Collect Direct (UK)'. They sent me a letter and called

me on Monday. I sent them a letter (thanks to this website)

requesting:

a true copy of the credit agreement

a copy of the deed of assignment

Abbey MasterCard £ 5200 (processing a proposal of monthly payments of £43)

Virgin MasterCard £ 2100 (processing a proposal of monthly payments of £17)

Capital One: £2010 I sent them my JSA document (they requested that)

as they might accept a reduced payment plan and stop the

charges for a period of time.

Halifax: £ 3400 (I kept sending them letters explaining my situation and

asking them to stop the charges but NO RESPONSE)

Argos: £ 680 (6 month zero interest offer when you buy, but will start

asking for payments in 2 months)

 

I thought of applying for Bankruptcy but I realised it will affect my future career as I won’t be able to have any kind of state registration status as my job will demand in the future.

 

I am fine with being blak-listed for 6 years, I just want to get my life into order and focus on finding a job. I am also aware that I will be living on basics for at least 7 years, but if the charges and the penalties are being added then it is endless!

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Have a look at the nationaldebtline website? They have a lot of helpful information on there, fact sheets, etc. Be careful not to offer monthly payments to creditors that you will not be able to keep up. My OH find it easier at first to use a Debt Management Company they charged for the service, but I believe there are some out there that don't charge. They took over negotiating all the monthly payments, and any letters that were sent were forwarded on to them to deal with. An other alternative would be an administration order - that is if you have a monthly amount that you can afford to pay off the debts. This is a court order that would stop any further costs or charges on top of the debts. Regards Joan.

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

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Guest louis wu
I was on the phone with Halifax credit card. They refused to stop the charges on my account even if i made a reduced payment. They are demanding that I did that through cccs. How long will it be before they send my account to a DCA?

 

 

It could be anytime, but they have to tell you first.

 

I would also advise that you do everything in writing from now on, it will help you later.

 

louis

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Although I sent "Collect Direct (UK)" a letter with a £1 postal order asking for a true copy of the credit agreement and a copy of the deed of assignment last Monday, they sent me a letter threatening of legal proceedings if I didn't pay in 5 days! What should I do? any comments please?

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  • 1 month later...

can someone help me please. had overdraft with natwest,had problems paying the required amount .agreeded a monthly figure but they are still charging interest which the amount being paid does not cover that so in all i am not paying off debt but debt is getting bigger, sent them a letter asking to freeze the interest they wont, tha account is now closed and sent to natwest credit management for collections what advice if any.

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Monkee10 you need to start your own thread on your situation. If you are not sure how to do this have a read here http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Collect Direct (UK) who are working on behalf of EGG card phoned me asking me to send my job seekers' allowance documents. They said before they can accept my £5 per month offer, they need to see the benefit documents.

 

Are they allowed to ask me that? Should I send them the proof?

Can a collection agency add interests on my debt?

 

Help me please.

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is it a loan or credit card? if so send them letter N from here with a £1 postal order, do not sign the letter and do not talk to them on the phone, in order to collect any debt owed they have, by law, to have properly executed documents. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

after 12+2 working days, they are in default if they have not supplied, then you can stop paying them, whatever they say, if they dont have a proper agreement, no one, not even a judge, can order you to pay

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Are they allowed to ask me that?

They are allowed to ask but you don't have to send them proof.
Can a collection agency add interests on my debt?

Usually no as it's a consumer debt not a commercial one.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 4 weeks later...

Hi, at last all my creditors but one accepted reduced payments until my circumstances change.

 

However, Halifax Credit Card didn’t accept any payment plan and they didn’t send my account to a collection agency. The interest on the Halifax account is accumulating.

 

I am really getting frustrated. I want Halifax to default my account and stop the interest. I wouldn’t mind if they take me to court.

 

Any advice please?

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Not sure about others, but hhave you got PPi (payment protection insurance) on your Capital One card? They usually add it on without bothering to ask you first, so you might find you're covered for payments under this one. Possibly the same with the others as well. If you have any late payment/overlimit charges on your Natwest credit card you could claim them back, which would reduce your balance. I found them easy to get the charges back from, as were Capital One.

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Many thanks Wendy. But I do want them to send my account to a DCA. I do want to pay the money back but it seems Halifax are happy just to add the interest. At least with DCA i can have a repayment plan like I did with Natwest DCA! Halifax wants me to go to one of the repayment mangaement companies cush as CCCS which I am not willing to. So what do you think? Steven advised me to send a request for the credit agreement. Now you are saying that if I do request the credit agreement this will prevent my account to be sent to a DCA? please clarify. Many thanks

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I can see your point in wanting to pay them back, thats as it should be and I would never advocate using the CCA route just to get out of paying what you owe, to me that is morally wrong, if you've spent it, then in my book you should pay it back. What I do object to paying are the excessive charges they add on for finding yourself in adverse circumstances. There is nothing wrong with going for the CCA, it will shut them up for the time being. But you'll still owe the money. My thinking is that by claiming back any charges, then you will reduce the balance owing, leaving less to pay them. And keep it away from the DCAs. A win win situation in my book.

And do look into the PPi thing, you might find you are covered on that. And still claim the charges anyway, cos even if PPI covers you, if you can get the charges back you'll owe less.

As long as you put your account into dispute, whether its the CCA route or the charges route, they cannot send your account to a DCA. And to be honest, they don't have to send it to a DCA to arrange a payment plan, I think they are just being awkward. If it was me, I wouldn't want it to go to a DCA, most of them are heartless, nasty gits who will do nothing but harass you from dawn till dusk for more money than you can afford. Phone you at home, work, wherever they can get you.

And I wouldn't argue with Steven's advice, he's always spot on. We are just pointing out the alternative routes.

Point is, you need to reduce your balance one way or another, and I personally think(especially with Crap One and Nastywest) that claiming charges back is the quickest and easiest way to do it.

Good luck whichever way you decide to play it.

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