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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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Eci Cca


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Hi

 

Received letter from ECI that states:

 

Please find enclosed a copy of the original credit agreement which on the face of it, is properly executed and signed by you.

 

We apologise for tehe delay in providing this copy agreement.

 

Accordingingly, we await your proposals for repayment of the outstanding balance of XXXXXX

 

We are prepared to accept reasonable and realistic instalment repayment proposals. We are allowing you a period of 14 days from the date of this letter (its dated 18th) before we commence futher collection activity.

 

It is important that you contact us to disuss repayment by calling our FREE PHONE number on XXXXX

 

Yours sincerely

 

Senior advisor

Compliance Department

 

(by the way this is the exact same letter I received from Equidebt and its signed by the same person the only difference is the headed paper)

 

Below is the so called credit agreement.

 

ECICCA-1.jpg?t=1206232771

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a copy of the original credit agreement which on the face of it, is properly executed and signed by you.

 

I note the careful wording - properly executed and signed by you - but not by the creditor.

 

The lack of a creditor's signature means that it is not properly executed; the lack of prescribed terms means that even if it were executed, it would be unenforceable.

 

The application form refers to terms and condition not on the document; if these were not supplied as well, then ECI have not properly complied with your CCA request.

 

Who are ECI acting for? They are often involved in trying to collect on statute-barred debt.

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Hi

 

This was the only page I received from them.

 

I stopped paying when they went into default, after I requested CCA.

 

They are working on behalf of Equidebt.

 

Wikkitt

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More importantly it has no prescribed terms so is completely unenforceable. If they are willing to call it a copy of the credit agreement then I would accept it as such.

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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It really depends whether ECI are the agent of the creditor or have bought the debt. If they have bought the debt then their statement of this is a copy of your credit agreement is legally binding.

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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Hi

 

ECI state thay are working for their client (Creditor) Equidebt.

 

The letter I received was from the same person I got the letter about the Equidebt CCA, the only difference was the headed paper.

 

My orginal creditor was the Co-op Bank.

 

Wikkitt

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  • 5 weeks later...

Well just an update.

 

The 12+2+30 day were up on 27th March.

 

Today I received the letter below.

 

ECILetter.jpg?t=1208893343

 

 

It looks like they will try anything to get me to pay them.

 

Wikkitt

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The Funny thing is when I received the the first letter with the so called agreement I't was signed by the Senior Advisor, Compliance department and for me to reply to him at the same address as Equidebt, I sent them the letter telling them about unenforceable.

 

Now it comes back to me with another persons name with this offer. I am getting a bit confused as to who the letters should go to, well hopefuly its just as confusing for them:)

 

 

Wikkitt

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ECI and Equidebt are the same thing.

 

ECI used to be known as CAS or Credit Ancillary Services and were a particulary nasty bunch of underhanded tracing specialists. These are the people who would ring your Granny/employer and tell them you'd had a serious car accident but they didn't have your home address to get in touch with anyone, etc etc.

 

They changed their name to European Credit Investigations (or something similar) in an attempt to regain some credibility, but were recently bought by Equidebt (The Ethical Debt Collectors :lol: ) to act as their scrapyard dog. ECI: Under Construction

 

They are the same thing in all but name. If you google 'Wes Mulligan' look for the 'Who Calls Me??' entry and you can get the personal contact details of the head honchos if you want some fun.;)

 

Good luck, and apologies if already knew all that!!

 

PS

 

Equidebt are one of the new breed of Purchaser (or factor if you prefer) who 'buy' a charged off debt outright and then attempt to collect. It's highly likely that the Co-Op, the real creditor, have written it off and sold it to Equidebt for what they can get. You can put up a fight, or get a huge discount if you prefer, but the unsettled amount will remain on your credit file for a minimum of six years.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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  • 2 weeks later...
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