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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.

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      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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Morgan Stanley/Goldfish Cabot are now chasing advice please


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Well they are entitled to ask for ID if they are unsure of your identity (Egg do this all the time). However, as they probably have been sending you statements to your address for several years this should not be an issue and IMO they are just being awkward to attempt to delay matters.

 

If they want ID you can either phone them or send them a recent utility bill or any recent correspondence you have from them as proof of ID. Remind them that the clock is still ticking and that the 40 days started when they initially received your request.

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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  • 2 months later...

I got a bundle of stuff from Cabot from the SAR.

Lots of quotes form template letters etc.

 

This arrived a couple of weeks ago.

 

I still have not received anything back from my CCA request.

 

Two days ago I received a letter saying that they had agreed a monthly payment plan & I had to pay them on 30th June.

I have not agreeed anything with them.

 

NOW today I have received a letter (template)

stating that they have not received my payment!!

 

Can anyone point me in the direction of a letter..?

 

1, They have not responded to my CCA request (sent recorded well over 2 months ago).

 

2, I have not acknowledged/agreed any debt or payments to them.

 

3, They are now sending me letters requesting payments.

 

Any help from other members of trhe Fan Club?

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  • 1 month later...

update...

 

I contacted LV & went through all their 'checks' on 1st May and the assured me they would process my SAR.

However, I have heard nothing... until I received a letter welcoming me to CABOT who say they have bought the debt:mad:

 

What should my course of action be?

 

LV have not replied to my SAR request from May.

 

HELP please

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Did you receive a Notice of Assignment from LV? It's not enough for Cabot to tell you they have bought the loan - you must be informed by LV that they have sold the loan to Cabot and they (LV) are supposed to notify you by recorded delivery. I would tell Cabot that you have no proof that they own the loan because you have not received a Notice of Assigment from LV. You can also tell them that you have not received a requested SAR from LV and they are in breach of the Data Protection Act 1998 for not supplying you with one on request. I would then leave it at that until you receive a response.

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Um... Not really up on 2004 vintage ags but as I understand it:

 

If it's a revolving credit facility it should show-

 

The credit limit or how it is determind or that there is no credit limit.

 

Can't see this on the main ag, the T & C's are not clear enough to read.

 

Have a look at the copy you have to see if you can see it.

 

David

 

PS - If you can't read what you have been sent (T&C's), directly refered to in the main agreement, they would need to provide a legible copy to get anywhere.

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Well the prescribed terms are on it, in fact that's virtually all it consists of.

However something doesn't look right to me with this, whats that about at the top about assignment, and underneath re cabot square?, can this be an original agreement? Liverpool Victoria isnt that an insurance company, is their name on the agreement?. I dont like this at all.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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The Loan was with Morgan Stanley.

 

Liverpool Victoria 'bought' all Morgan Stanley loans.

As soon as I got a letter from LV I CCAd them.

 

This is what I got back. I then sent a SAR to them.

 

I heard nothing until now, when I get a letter saying Cabot have bought the debt.

 

I am very confused what action to take:confused:

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Ah, im starting to get the picture now, so its been assigned twice then, so you should have had hello/goodbye letters both times.

 

Have you still got a copy of the original that you signed?, if you have and its the same as that which you posted in your other thread, then its enforcable IMO

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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I have never had any goodbye letters.

 

The first I knew about LV was when they demanded payment.

 

LV said that they had taken over all Morgan Stanley loans.

 

Cabot have sent me a letter with a welcome to them & a letter printed by them that pretends to by from LV (IMO)! It has Cabot references on the footer in small print!

 

Should I CCA Cabot?

 

Should I send a letter to LV disputing my account because they have not complied with SAR? I am sure that there are charges on there.

 

Help:(

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Is there any templates on here that I could use? I want to make sure that I word it correctly so that they (Ca bot) cannot try and say I am acknowledging anything. Especially after reading other posts on here.

:confused:

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THe sar non compliance doesn't put the acc in dispute, you need to write to LV requiring them to supply all data they have on you, and also requiring them to send a notice of assignment to cabot and from MS.

However i say again, do you have a copy of the agreement you signed, if you do and its the same as in you previous post then its enforcable, so no point i sending another CCA request.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Right

 

it is IMHO missing the following points

 

1. no Total Charge for Credit

 

2. No Total Amount Payable

 

3 APR is incorrect and is infact 8.5%

 

4 Rate of interest is incorrect and should be 8.21%

 

so while this is not a prescribed term that is misstated, you have been denied the statutory protections that the CCA 1974 was designed to offer

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Did you receive a Notice of Assignment from LV? It's not enough for Cabot to tell you they have bought the loan - you must be informed by LV that they have sold the loan to Cabot and they (LV) are supposed to notify you by recorded delivery. I would tell Cabot that you have no proof that they own the loan because you have not received a Notice of Assigment from LV. You can also tell them that you have not received a requested S.A.R - (Subject Access Request) from LV and they are in breach of the Data Protection Act 1998 for not supplying you with one on request. I would then leave it at that until you receive a response.

 

Thanks for the PM TM. I am in agreement with Pinky here - if you are still awaiting information from LV then the account is in dispute with them and therefore should not have been passed to Cabot.

 

With regard to the SAR to LV, there are timescales to follow when requesting the information and you really need to chase them up (by recorded delivery of course).

 

I am on a different computer and don't have the link to the non-compliance letters after requesting your SAR - I'll go and find it now unless someone beats me to it!

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