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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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Lollipop VS EGG


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I got a letter this morning telling me that they cannot act upon my request because I have not signed the letter.

 

I did not sign the credit agreement request either and have sent a secure message asking them about why they sent one and not the other, so still waiting.

 

As you know the letter also included my account in dispute claim, perhaps that is the diofference-they want time to default the account.

 

Can they do this legally?

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Or rather more to my point, are they trying to have their cake and eat it too??

 

 

In that, they either breached data protection when they sent the CCA out OR they breached concumer credit act when they did not comply with the SAR request

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Okay, more action, they have rang twice today asking for security info-I replied I will not divulge any further info and that they are personally harrassing me because they have ignored my letters which state clearly that they are NOT to call me.

 

 

They didn`t like it, saying they can`t confirm or deny having received my letter because I won`t give personal info.

 

 

Catch 22.

 

 

But they were pretty shirty.

 

 

Good. They know how I feel then.

 

I could really do with site admin on this.

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Extract from OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE

 

Wilson and others v. Secretary of State for Trade and Industry (Appellant)

 

ON THURSDAY 10 JULY 2003

 

Para 29. The court's powers under section 127(1) are subject to significant qualification in two types of cases.

 

The first type is where section 61(1)(a), regarding signing of agreements, is not complied with.

 

In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3).

 

Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order.

 

Link> House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant)

 

Feel better now ?? ;)

 

I truly believe the term approved limit can not in any way be read as a credit limit. It could mean absolutely anything. The law is quite precise.

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I does indeed make me feel better.

 

Next step they need to take is to deal with the way creditors are trashing credit files where this is what has happened. It might take time but it will happen.

 

I could give a **** about a poor credit rating ?? :rolleyes: Not really, indeed it might stop me getting into more doo doo :lol:

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I could give a **** about a poor credit rating ?? :rolleyes: Not really, indeed it might stop me getting into more doo doo :lol:

 

Indeed, a poor credit rating may just be a blessing in disguise for many.

I know a few people who would have taken out stupid mortgages for properties that were 35% over-priced a couple of years ago. Except that they had blips on their credit files.

 

They are quite happy about it now, although not so at the time.

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Basa, I am 100% committed to this route, it`s happening in despite of what is being discussed.

 

 

And it gives me time to work through what my response will actually be should Egg come back to me with some of the points raised on the forum about the argument we have given.

 

 

So no Basa, you`re right, I absolutely will not take my eye off the ball

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Basa, I am 100% committed to this route, it`s happening in despite of what is being discussed.

 

 

And it gives me time to work through what my response will actually be should Egg come back to me with some of the points raised on the forum about the argument we have given.

 

 

So no Basa, you`re right, I absolutely will not take my eye off the ball

 

You go for it Lolli, I will be right behind you. In fact we are all (well nearly all ;-) ) right behind you. :cool:

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I think I`d feel better if there were a few more people in front of me though lol.

 

 

Egg could have avoided all of this if they had been reasonable in their dealings with me.

 

And ringing me continually despite the contents of my letters, despite the fact that I won`t go through my identifying information.

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Lollipop I am in the same boat as you, Egg have replied with the standard we are dealing with your complaint letter. My account was being managed by DLC, since my letter I have now had a demand for payment on the entire account from a different debt collector. Just sent them a get lost letter with a copy of my letter to egg and their response. Will see what happens.

Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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Next step they need to take is to deal with the way creditors are trashing credit files where this is what has happened. It might take time but it will happen.
Ive been doing considerable research on the marking of CRA's by credit card co's and have discovered that once they end your contract they also end their entitlement to continue to report activity between you and them with a CRA. It comes under the Data Protection Act...

 

We afford principled rights under the Data Protection Act (Data Protection Act), Schedule 1, Part 1 ("The Principles") in relation to the manner in which our data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

 

4. Personal data shall be accurate and, where necessary, kept up to date.

 

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

If the Card Co is still processing data after the cancellation of the contract, whether or not this is a simple renewal process of the default flag, daily or by other timing factor. As that contract is no longer in situ, then any prior written permission within that contract has also ceased from the date of cancellation.

This means we have the right to instruct the card co's to stop processing data on us as they ended the contract that gave them our permission. They do NOT have a 'Legal' right to do this. just a lawful right. *apparently*

 

I have a (long) copy of a letter template that has been successful for others in the battle to stop Card co's processing data to CRA's if anyone wants it. The above edited excerpt is from that letter.

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Ive been doing considerable research on the marking of CRA's by credit card co's and have discovered that once they end your contract they also end their entitlement to continue to report activity between you and them with a CRA. It comes under the Data Protection Act...

 

This means we have the right to instruct the card co's to stop processing data on us as they ended the contract that gave them our permission. They do NOT have a 'Legal' right to do this. just a lawful right. *apparently*

 

I have a (long) copy of a letter template that has been successful for others in the battle to stop Card co's processing data to CRA's if anyone wants it. The above edited excerpt is from that letter.

 

Would be useful for us to look at it as we believe all of Egg's terminated customers should not be getting reported to CRAs. Good - or adverse.

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I would certainly be interested as it is a view I have thought many times, but never managed to find anything that would put it in terms sufficent for some of the "sods" that deal with your letters, and certainly ammo I could put to good use against Egg and Lloyds, having tried desparately to clear up my credit file for the past 3 years as it is now hindering my employment possibilities.

Brad

 

Support Consumer Action Group, tell your friends, family, spread the word, help each other, and together we can show the banks we are no longer going to roll over and play dead.

There is hope, you just have to find it....

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Would be useful for us to look at it as we believe all of Egg's terminated customers should not be getting reported to CRAs. Good - or adverse.
Im not sure if I am allowed to post a letter found on the web on here without permission so I've PM'd it to you.
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Hi Got a letter saying they were processing my sar but not even an acknowledgement of my other comments-l think they're blanking me to be honest and carrying on regardless, l didn't think they were allowed to ignore a dispute notice-l'll have to look into that.

 

 

Doesn't change my stance.

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Hi Got a letter saying they were processing my sar but not even an acknowledgement of my other comments-l think they're blanking me to be honest and carrying on regardless, l didn't think they were allowed to ignore a dispute notice-l'll have to look into that.

 

 

Doesn't change my stance.

 

I suppose no news is good news. Anyway reading BigEddie's thread they may have bigger fish to worry about :lol:

 

PS: I'm completely gobsmacked seeing what Tesco Credit & Littlewoods catalogue have sent me as 'agreements'. They're nothing more than applications. The one from Littlewoods has nothing more than my OHs name address and sig. ! It's not even dated !! :-o

 

I'm sure they both MUST have more than that :confused: Anyways I've 'disputed' them and asked if they can produce something more like an agreement.

 

Why do I feel like I'm taking candy of a baby? ;) (Hope I don't live to regret saying that :oops: )

Edited by basa48
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  • 2 weeks later...

Got a default notice via secure message today, odd isn't it that I couldn't log on to the secure messaging service only two days ago and now when they need me to see it I can?? hmmmmmmmmmmmm

 

 

Anyway, what's the next step?

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Got a default notice via secure message today, odd isn't it that I couldn't log on to the secure messaging service only two days ago and now when they need me to see it I can?? hmmmmmmmmmmmm

 

 

Anyway, what's the next step?

 

I think at this stage you have a choice.

 

1) Write to them explaining how a default on a disputed account contravenes the DPA.

 

2) Do nothing and wait for them to start proceedings then defend it.

 

3) Take them to court for not supplying a compliant agreement, issuing a default on an account they have no right to request payment on anyway and applying default records to your credit file against the DPA.

 

I've got some notes I've prepared for when they default me. I intend to get PT to look over them when he/she has a minute.

 

I can PM to you if you're interested - it's a lot of stuff.;)

 

PS: You don't work for Egg do you, I'll be giving you my game plan !! :rolleyes:

 

PPS: They've ignored my 'dispute' letter too but advised me my DD has been cancelled. No sh*t Sherlock ! :D

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