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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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Received a court claim from Bryan Carter Solicitors **WON THEY GAVE UP**


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Hi all. Just thought I'd let you all know that I've just been and posted my defence forms off this morning. Later than I'd planned but I've been working away.

 

Just to clarify, I was only supposed to send form NB9 and my defence attached to it?

 

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  • 2 weeks later...
:o

 

Just received a Notice of Discontinuance from Bryan Carters Solicitors!!!! :grin::grin::grin:

 

Is that the end of the matter now?

 

well thats about the size of it yep,

 

pretty much game over, as we said it would be;)

 

Congrats

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well thats about the size of it yep,

 

pretty much game over, as we said it would be;)

 

Congrats

 

Will I hear anything more of this debt though? Will they try and pursue me further down the line?

 

I can't thank you enough mate!! :wink: You've saved me so much hastle and money. I dread to think of the mess I'd been in if I'd have just paid the £229 the day I received the claim form. Thanks!

 

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i cant really say what they will do next, BUT if they try to start legal action again , send the court a copy of the claim form from now along with the notice of discontinuance and report them for breaching the CPR as they need to permission of the court before they can bring a claim on the same material facts as before

 

and i doubt the court will let them after they have so badly pooched this case

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Well done DV Glad u got the decision you should have had.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Congratulations DV :)

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 months later...

Hello,

 

I'm in the same boat, same company and more or less the same amount involved.

 

To be honest I can't even remember even having this littlewoods account, and if I did it would have been pre 2000.

 

The letters I get don't even have my middle name on them, when I apply for credit I always use my full name as that's what is on the deed poll.

 

I'll follow the advice given here, and let you know what happens.

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You should report any intances of this firm not suing for the full amount to the OFT and SRA. The conduct is outrageous and unbefitting. It is unlawful. They should bring all their clients claim at the same time and they know that. There is plenty of Court of Appeal and House of Lords cases to confirm this. What are they intending to do? Sue on multiple actions and collect costs each time. I suppose they are instructed by a DCA and work from the same address like lots of these 'solicitors'. Some of these firms (maybe not these) have DCA staff working in them, holding themselves out as being employed by the solicitors. Tell the court as well. This is oppressive.

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aloysiush, Bryan Carter is notorious for this practice, Even though lots of people on the forums have reported him, he still continues . :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Perhaps one way to deal is to pay the small claim and tell him to sod off when he asks for the balance. He will then be sued for negligence by his client for the balance you do not pay - he will soon be out of business, if he does it at scale (he wll be insured), because his indemnity insurers will get sick to death with the claims.

 

This will take a big effort and he is playing a numbers game. Perhaps people should write to the OFT and complain about his clients (the claimants on the POC) as this is against OFT guidelines on debt collection. The clients will not know he is doing this and if the OFT investigate, they will see the problem is at scale.

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Perhaps one way to deal is to pay the small claim and tell him to sod off when he asks for the balance. He will then be sued for negligence by his client for the balance you do not pay - he will soon be out of business, if he does it at scale (he wll be insured), because his indemnity insurers will get sick to death with the claims.

 

This will take a big effort and he is playing a numbers game. Perhaps people should write to the OFT and complain about his clients (the claimants on the POC) as this is against OFT guidelines on debt collection. The clients will not know he is doing this and if the OFT investigate, they will see the problem is at scale.

 

:lol: Brilliant idea. Bryan Carter victims... take note :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 3 weeks later...
Perhaps one way to deal is to pay the small claim and tell him to sod off when he asks for the balance.

 

This is exactly why I decided not to get the CCJ that my OH got from BC's set aside. At the time of the claim we wondered why it was only for a partial amount, they won by default, (I didn't know about this site then & all the power you could gain from the knowledge here)

After a long thread on here I decided with help from poster Joncris, it was his idea to leave the CCJ as it was satisfied and use it as a complete defence to BC coming back for the rest.

BC tried calling us twice after a couple of letters asking for the remaining balance, when I said put it in writing they eventually agreed, how ever they never put it in writing, they claimed they sent us more letters but they didn't. They really wanted to speak to hubby on the phone. When I again said put it in writing they asked why, I said so we could show the letter to a court. Since then, which was march I think we haven't heard another thing. No calls or letters.

We are ready and waiting Brian! :evil: In away i thank him, his greediness becomes our benefit, hopefully. We took over a year to pay his costs on the CCJ, i paid bailiffs who were really alright when I had a spare tenner now and again.

Hope these experiences with BC help others! Well done Doublevee and of course pt2537, who came to the rescue as usual.

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