Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

Credit Security, Callserve and the Old Court House?


sosumi
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4871 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have just checked Companies House. Their accounts are now up to date - but curiously they each say they have no "associated UK companies".

 

I have recently had letters from "Call Serve Limited" as well as Credit Security Limited. Surely a dormant company shouldn't be sending out debt collection letters - or do they just do it in their sleep?

 

BD

Link to post
Share on other sites

  • 4 months later...
  • Replies 83
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

dont think they will leave us alone!!

 

You need to show them that your are going to be VERY DIFFICULT to deal with - by boning up on all your rights and how to use things like the £1 CCA request, £10 SAR and CUPTR 2008 - there are templates and examples of all these things in CAG templates or other relevant threads.

 

First thing to do is send the DCA a PROVE IT Letter - including bits from the anti harassment letter - i.e telling them DO NOT telephone me or send any calers to my home - only communicate in writing - see templates on CAG on these issues.

 

If you want to put together your own letter (based on templates ) then feel free to post it up for us to check and comment on before posting off - Ensure it contains NOTHING that can identify you - E.g. Exact amounts claimed, dates , account nos etc.

 

DCA's are lazy - and tend to only be paid on results - so they will make life unbearable for soft touches who agree to payments and will veer away from those putting up a fight - like all bullies.

 

Remember - KNOWLEDGE IS POWER - NIL ILLEGITIMI CARBORUNDUM!

 

BD

Link to post
Share on other sites

Just that - something that WOULD stand up in Court. However I'm pretty sure it won't happen - CSL seem to be pretty useless.

 

They CAN'T clamp your car without proper authority - and private clamping is about to be (or is now?) outlawed in England - as it was in Scotland many years ago.

 

Sorry if I spooked you - just wanted to re-assure you.

 

BD

Link to post
Share on other sites

will do. will this send them away though.......!

 

They would be VERY stupid if they lied in response to a CPUTR 2008 request asking them to confirm they had in their possession an original signed properly executed CCA. If they say they have, ask for a true photocopy of the ENTIRE document and all other documents referred to within it. If they refuse, ask them where you can inspect the original. If they still refuse tell them that in any court proceedings you will be putting them to strict proof. I bet no proceedings will happen.

 

Regarding other posts on spending the £1 on a CCA request, or the cost of Recorded Delivery - a CPUTR 2008 request (which is free) is more useful than the CCA S.77/78 request (which costs £1) and if you get proof of posting (free from any post office) - you don't need to pay for RD since under Interpretation Act, if you posted a letter and it is not returned to you, it is deemed to have been delivered.

 

I always put on my letters PROOF OF POSTING OBTAINED - PLEASE NOTE PROVISIONS OF INTERPRETATION ACT.

 

So, to summarise, if you use good CAG templates (modified to fit) you will show these pond life that you KNOW your rights, (telephone harassment, CCA, CPUTR, Interpretation Act etc.) then they should realise YOU are NOT going to be easy pickings and IF THEY CAN'T ENFORCE the debt, then they should stop wasting their money and your time and go after some other less well informed hapless soul.

 

Good luck!

 

BD

Edited by Bigdebtor
Link to post
Share on other sites

I don't think they will get the signed CCA's from the OC as a matter of course - and would need to ask for them to respond to a CPUTR 2008 request - so would possibluy just hand the file back to the OC at that point. I'm about to test this out with CSL, AKtiv Kapital and Cabot.

 

Many OC's such as MBNA, Barclaycard (a big CSL customer) shredded a lot of signed CCA documents in the mid 2000's - so neither they nor their DCA's can actually produce them - they try to bluff using Carey and S77/78 instead of actually coming right out and saying they don't have an original signed properly executed CCA agreement.

 

It's a numbers game - many people give in to letter threats, telephone harassment etc. - so court is a last (more expensive and less reliable) option for most DCA's. Some are more litiguous (Bryan Carter?) than others.

Link to post
Share on other sites

I will look for a good template and modify and post up later today for clearance to go!

 

my thoughts are - IF they had a valid CCA would they not have insitgasted proceedings as CSL seem to be bully thugs as this particular thread has shown?

 

FDAO

 

See attched link about a thread I tried to get going on this topic.

 

Hope it helps?

 

BD

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?227592-How-ready-are-various-DCA-s-or-Original-Creditors-to-go-to-Court&p=2520642&viewfull=1#post2520642

Link to post
Share on other sites

OK - see above post 65. Until you've used CPUTR 2008 you don't know just what ammo CSL have. They may well have what they need - but no sense second guessing.

 

As I said, Court action is almost always a last (high risk) resort especially for a DCA. Also if you've got wider issues - other debts/arrears etc. then I would think about contacting CCCS etc. and get their help to keep the wolves at bay - but first read this excellent thread - lots of good advice here!

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289118-At-the-end-of-your-tether-an-alternative-debt-management-strategy&p=3246590&viewfull=1#post3246590

 

BD

  • Confused 1
Link to post
Share on other sites

Hi BD

 

I have just read the thread you have sent me, and I think I am now scared out of my wits!

 

FDAO

 

Sorry - meant to do the opposite! RedVixen is right - CSL usually go away and unless they've bought the debt, no DCA can take you to court - only the OC can. It needs an absolute assignment (which happens when ownership of a debt is bought) for the DCA to take you to court without the OC.

 

Also see attached thread with more info on CSL and other DCA's.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?227592-How-ready-are-various-DCA-s-or-Original-Creditors-to-go-to-Court&p=2520642&viewfull=1#post2520642

 

BD

Edited by Bigdebtor
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...