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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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    • 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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CCA dilemna....


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I have a few credit cards and have decided to bite the bullet and find out if they are unenforceable etc.

 

Problem is that I probably dont have the time to do it all myself, had anyone any tips for selecting the corrct company to deal with it for me?

 

Many Thanks in advance. :)

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It doesnt take much time.......A few letters and you can decide for yourself

 

Otherwise from the adverts Ive seen...its between £300 -£500 upfront then a percentage usually 20-30% of what you "win".........???

 

if you get the debt wrote off for example £5000...it'll cost you about £1500

 

So you will end up paying out £1500 (ish)

 

you can do this yourself, unless you cant be bothered ???

 

your choice

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dave,

 

Thanks for the reply....it just seems really daunting to undertake but i take your point on the money that would be wasted.

 

The knoweldge on exactly which points an agreement would not be enforceable would have to be spot on I suppose and I dont feel I have that!

 

I duppose that is where this site would help?:)

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Hi Tradey,

DIY is the best way to go. All it would cost you is £2.58 for the postal order and recorded delivery. It doesn't take long to draft a CCA letter (there are template letters here)

When you decide which way to go, you will get help with every step of the way. I've been helped no end on here and I've had one debt collector stop chasing me and another sitting quietly in the background as they haven't complied with my request.

Your choice but I know which way I'd go. :)

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi there, I felt like this when I first found cag, I have more than 10 creditors that I am dealing with and I just found it all to much.

 

However what I did was to just deal with one creditor per day, for example even if I got 5 replys through the post I would only deal with one each day. I find it much easier to get my head round things this way.

 

If you feel you can try and deal with it all yourself, if you go through a third party you will just get frustrated when nothing happens. I find it much easier to have total control.

 

Good luck !

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Hi Tradey,

DIY is the best way to go. All it would cost you is £2.58 for the postal order and recorded delivery. It doesn't take long to draft a CCA letter (there are template letters here)

When you decide which way to go, you will get help with every step of the way. I've been helped no end on here and I've had one debt collector stop chasing me and another sitting quietly in the background as they haven't complied with my request.

Your choice but I know which way I'd go. :)

 

fox

 

Thanks Fox for your comments, when you mention debt collector chasing you....does that mean that when i do raise a dispute they will appoint a debt collector to me...i am paying all creditors on time etc at the moment.

 

Cheers

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Hi there, I felt like this when I first found cag, I have more than 10 creditors that I am dealing with and I just found it all to much.

 

However what I did was to just deal with one creditor per day, for example even if I got 5 replys through the post I would only deal with one each day. I find it much easier to get my head round things this way.

 

If you feel you can try and deal with it all yourself, if you go through a third party you will just get frustrated when nothing happens. I find it much easier to have total control.

 

Good luck !

 

Thanks for replying....are you having success with your creditors? I dont really read many examples of success to be honest and that is my only real concern....I starting to think I may deal with it myself!

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Thanks Fox for your comments, when you mention debt collector chasing you....does that mean that when i do raise a dispute they will appoint a debt collector to me...i am paying all creditors on time etc at the moment.

 

Cheers

 

If you CCA them and they come back with a good agreement then you carry on paying as normal however, if what they send you is a pile of poo then you can dispute the debt. The credit company cannot enforce the debt unless a valid CCA exists. They may then write it off their systems and flog it on to one of the many DCA's out there who will take a chance on whether they can get you to pay. They are not supposed to do this as no agreement = account in dispute but that, I'm afraid doesn't stop them.

If it does go to a DCA then you will be in a stronger position to tell them to P*SS OFF.

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi, i understand it can feel daunting. I was in the same boat the first time i tried it - so i used a company, which to be fair were great and took all the hassle out of doing it myself (and the time element, which was important to me). There was an upfront fee of £149 and a 20% 'backend' fee, but i was more than happy with that (at the time) as it was only payable on results! - which i got (£14,000 - wiped off!!). However i might look at the next ones myself (still undecided) but if you want the details of who i used you can email me (dave@walrusnw.wanadoo.co.uk) and i can send you the details?

 

Good luck with it either way!!!

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Thanks for replying....are you having success with your creditors? I dont really read many examples of success to be honest and that is my only real concern....I starting to think I may deal with it myself!

 

I am quite early days into my dealings but I am getting somewhere, we actually have 16 creditors, nine of them credit cards. So far:-

 

5 credit cards - unenforcable if taken to court, not paying, ignoring DCA's

1 credit card - enforcable, not paying but negotiating

3 credit cards - no response to CCA request, not paying

 

1 hp agreement - unenforcable, not paying, awaiting their response

4 hp agreements - enforcable, negotiating lower payments

1 hp agreement - awaiting CCA request

 

There are plenty of success stories on here, keep hunting !

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If you CCA them and they come back with a good agreement then you carry on paying as normal however, if what they send you is a pile of poo then you can dispute the debt. The credit company cannot enforce the debt unless a valid CCA exists. They may then write it off their systems and flog it on to one of the many DCA's out there who will take a chance on whether they can get you to pay. They are not supposed to do this as no agreement = account in dispute but that, I'm afraid doesn't stop them.

If it does go to a DCA then you will be in a stronger position to tell them to P*SS OFF.

 

 

fox

 

Thanks for taking the time to explain this to me....:)

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I am quite early days into my dealings but I am getting somewhere, we actually have 16 creditors, nine of them credit cards. So far:-

 

5 credit cards - unenforcable if taken to court, not paying, ignoring DCA's

1 credit card - enforcable, not paying but negotiating

3 credit cards - no response to CCA request, not paying

 

1 hp agreement - unenforcable, not paying, awaiting their response

4 hp agreements - enforcable, negotiating lower payments

1 hp agreement - awaiting CCA request

 

There are plenty of success stories on here, keep hunting !

 

Best of luck with your claims and thanks for the info!

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