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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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.

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Are there different 'rules' for an overdraft debt & a loan debt


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Hi everyone,

 

When you've helped me, get out in the sun!;):grin:

 

Now, I had two loans with Lloyds. I couldn't keep up the payments, so (cutting it short) I asked them to close my bank account (which was clear) & stop taking payments. They wouldn't do this, they made my account overdrawn by taking the payments out of it each month and adding interest on the 'non-payments', then adding more interest.......

 

Now I'm being chased by a DCA working for Lloyds. The two loans and the overdraft have been lumped together in a big debt, are they supposed to do this, and if not, when I cca them, what should I say about the overdraft part of the debt as I obviously can't cca that, and I believe the rules are different regarding overdrafts:?:

 

Any help on how to proceed would be gratefully appreciated!

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The two loans and the overdraft have been lumped together in a big debt, are they supposed to do this,

They can but they are still two seperate accounts and can't just magically become one account.
when I cca them, what should I say about the overdraft part of the debt as I obviously can't cca that, and I believe the rules are different regarding overdrafts
Well there would need to be a copy of the agreement for the loan. The overdraft is a completely seperate account and if it is just made up of charges and interest on the charges you can just claim these back to reduce the balance to zero.

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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Sorry, I mean should I cca them and let them split up the two loans and the 'overdraft' -just wait and see what they do....?

 

 

Hi Cheesepie,

 

I believe Rory was trying to say that you should send for copies of the agreements for the loans as seperate issues under the CCA. You should also send a S.A.R - (Subject Access Request) for the overdraft again as a seperate issue.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Lloyds have put all the debts together (2 loans and an overdraft) under one NEW account number.

Should I cca them for this new account number (which they obviously haven't got a cca for) or refer back to old papers for the other numbers.

 

They haven't told us what this new account number is for... they just wrote and said I owe that amount under that account number.. which is the whole lot together.

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I think this has happened with one of mine however the overdraft is all charges bar about £100, and the DCA is asking for payment with the overdraft number and the loan amount

 

Im going to CCA them to see whats what

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Lloyds have put all the debts together (2 loans and an overdraft) under one NEW account number.

Should I cca them for this new account number (which they obviously haven't got a cca for) or refer back to old papers for the other numbers.

 

You certainly should ask for a copy of the agreement on this new account which has magically appeared.

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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I wouldn't acknowledge any new account - you didn't apply for either and a loan or an overdraft under that account number. If they have closed the old loan account and have amalgamated the loan with another account they canot ask you for payment for the original loan because it no longer exists - they closed the account and you haven't signed an agreement for any new account that would give you either a loan or an overdraft - they have shot themselves in the foot.

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I wouldn't acknowledge any new account - you didn't apply for either and a loan or an overdraft under that account number. If they have closed the old loan account and have amalgamated the loan with another account they canot ask you for payment for the original loan because it no longer exists - they closed the account and you haven't signed an agreement for any new account that would give you either a loan or an overdraft - they have shot themselves in the foot.

 

 

If this were true pinky how do you make it hold water in court, what you are saying would be a grenade in the foot not a shot, I say this because it is quite common for Banks to convert overdrafts into loans, so this would be a major coup for cheesepie????

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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I would send them a S.A.R. and see what they are playing at. Lloyds current tactic is to terminate a loan account, transfer the debt to an overdraft, then terminate the overdraft. This is an attempt to get past the legal duties and it is, in my view, illegal.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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What I mean is that they have opened a new account and put an overdraft and 2 loans into the new account. Cheesepie didn't sign to open a new account, he didn't sign for loans on that account and he didn't apply for an overdraft on that account. The accounts that had the original loans and overdraft have been closed so they are finished and the new account has no signed agreements whatsoever. The Co-op did this with another poster and when he pointed out the error of their ways, he hasn't heard a cheap from them since. In my view it is the stupidest thing a bank can do.

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  • 1 year later...

Well................

After CCa 'ing' Lloyds, obviously, we didn't hear anything back from them....... till now!

They have now put the three amounts into seperate account's, and sold them to another dc (Arrow Global Ltd......ever heard of these?) How legal is this? Should we now cca this company for the three 'debts' or, write a letter saying 'not on your nellie' type of thing? Or write a letter telling them it's obviously not legal what Lloyds have done, so send it back to Lloyds?

Any suggestions greatly appreciated from anyone!.....:confused::)

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Well................

After CCa 'ing' Lloyds, obviously, we didn't hear anything back from them....... till now!

They have now put the three amounts into seperate account's, and sold them to another dc (Arrow Global Ltd......ever heard of these?) How legal is this? Should we now cca this company for the three 'debts' or, write a letter saying 'not on your nellie' type of thing? Or write a letter telling them it's obviously not legal what Lloyds have done, so send it back to Lloyds?

Any suggestions greatly appreciated from anyone!.....:confused::)

 

 

When you say they have put them into 3 Accounts what is their explanation and justification for doing this?

 

You need to send a Subject Access Request to LLoyds if you have not already done so - if you have already a second request for the most recent info should be raised.

 

To my mind if Lloyds think they have 3 accounts to enforce against you then you need to treat each one as different issue. It would seem they have realised the error of their ways in determining how to get the debt settled, and yes it would be legal to sell the accounts on, you would have signed to give your permission whne opening the accounts.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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Lloyds haven't given an explanation, but I will do what you suggest and see what they say. When I asked if this was legal, what I meant was: Is it legal for them to put all the accounts into a different single account with a brand, spanking new account number, then split them all back up to sell them off? As opposed to just selling them off? (Does that make sense?) Thanks for your help...

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Lloyds haven't given an explanation, but I will do what you suggest and see what they say. When I asked if this was legal, what I meant was: Is it legal for them to put all the accounts into a different single account with a brand, spanking new account number, then split them all back up to sell them off? As opposed to just selling them off? (Does that make sense?) Thanks for your help...

 

Depends if they are quoting the original account no's or not, if legal action follows at some time in the future Lloyds, or whichever dca they try to palm them off to, would have to prove that you held those accounts.

 

They cannot say "oh we have just given them new account number" without referencing the new numbers back to the old ones.

 

Regarding the legallity of what they have done, it would seem that as they now know that you are not going to accept the way the case for collection was being handled, they have revisited their tactics and decided their first approach was not going to work so are trying a different avenue - not much "illegal" in that im afraid

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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