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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 
      • 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
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Cap 1 New Dirty Tactics!!!!


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As written on my other thread. Crap 1 had linked an address on my Equifax file and placed a default. I have never had an account with them. I wrote to them 6 times since September 08 requesting the CCA, using templates from this site. They have only ever replied saying they cannot trace the account and can I send them and account number? I wrote back to Cap 1 stating I do not have an account number as I have never had an account with them. They have never repllied

 

I have now placed a complaint with the IMO.

 

The sneeky B**T*DS have, now suddenly, moved the account onto my current address on my Equifax file, that I was not living at the time, the alledged account was opened in 03, or the time the default was placed '05:confused:. I have proof, my bank statements, Insurance certifcate etc I was living at another address and had no financial connection to my current address. They must think I have a time machine as I didn't move into my currect address until '06.

 

What do I do now? Wait for the IMO to investigate. Send another CCA request? Is this a good sign that they are just trying to use delaying tactics?

 

I am trying for a mortgage and they are stopping me obtaining one!

Edited by alwayscheckurcreditrecord
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Hi I am no expert but I wopuld say that you need writen evidence from whoever you have applied to for mortgage that they have refused/increased interest rate for a mortgage then write to Crap 1 demanding they remove default within 14 dayd or you will sue for damages etc.

 

The experts will give you further info on this it's just the thing they like to get their teeth into.

 

dpick

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Just a quick note, to add, as I wrote my first post in a bit of a rush. I was very angry and as I'm dyslexic, its not the best time for me to post anything! I hope this is a bit clearer!

 

If CRAP 1 keep placing this account onto my credit records via linked addresses (they have placed it onto 2 linked addresses so far and removed the 2 linked addresses) and have now placed it on my current address. Is this not evidence enough that a default notice was never raised? I also think this proves they do not have a CCA or any evidence that this account belongs to me. Don't they have to place the account onto the address it was defaulted at and the default was raised to?

 

I have disputed this account with Equifax since September '08 and Equifax have sworn on many occasions that CAP ONE have confirmed the linked address and the account is correct.. They last confirmed this to me on 3rd February '09. Suddenly 7th February '09 this information has been moved to my current address. Is this not again evidence enough, that the information CAP ONE are supplying to Equifax is inaccurate and the account and default need to be removed?

 

The alleged account was opened in '03 and defaulted June '05. They have placed this account on my Equifax file at my current address. I did not move into until Febrary '06. If anyone wants to hire a time machine, contact CAPITAL ONE as they think they exist!!!!:DMCFLY???

 

I have never received a default notice or held an account with them.

 

Am I banging my head against a brick wall and should I hit CAP ONE with Legal action? I have never done this before and am quite scared!

Edited by alwayscheckurcreditrecord
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Hi I might have a rattled Equifax a bit ,as I got this email today! This is what Equifax have now sent to Crap 1

 

"Mr *** states that this is not his account. The account formerly appeared at the address of********** and has since been moved to the address of *********. The consumer states that he has sent a SAR and requested the Credit Agreement on 6 occasions and has received no documents to confirm that this is his account and has been advised that Capital One can't trace the account in question (please see attached document). Can you please confirm if the default is correctly registered and if you have any evidence that the account belongs to Mr ******* of ********. If possible can you please provide address details or contact information for someone Mr ****** can correspond with directly to obtain the supporting documentation he is requesting. Thank you."

 

Now, does that now not sound like Equifax are not feeling as confident about my credit file? They have been sending me the usual garbage of "We can't remove your data etc etc" And Crap 1 swear on their grannys life etc etc. I expect I should here from Crap 1 very shortly as these two are very closely connected!!!

 

Also IMCO have emailed me today to inform me that they have assigned me a ref no. and are investigating the case, can't wait

Edited by alwayscheckurcreditrecord
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Hi I might have a rattled Equifax a bit ,as I got this email today! This is what Equifax have now sent to Crap 1

 

"Mr *** states that this is not his account. The account formerly appeared at the address of********** and has since been moved to the address of *********. The consumer states that he has sent a SAR and requested the Credit Agreement on 6 occasions and has received no documents to confirm that this is his account and has been advised that Capital One can't trace the account in question (please see attached document). Can you please confirm if the default is correctly registered and if you have any evidence that the account belongs to Mr ******* of ********. If possible can you please provide address details or contact information for someone Mr ****** can correspond with directly to obtain the supporting documentation he is requesting. Thank you."

 

Now, does that now not sound like Equifax are not feeling as confident about my credit file? They have been sending me the usual garbage of "We can't remove your data etc etc" And Crap 1 swear on their grannys life etc etc. I expect I should here from Crap 1 very shortly as these two are very closely connected!!!

 

Also IMCO have emailed me today to inform me that they have assigned me a ref no. and are investigating the case, can't wait

 

 

Yes it sounds like they are on the case! Well done! :D

 

They should be worried too - these companies should have to provide proof I think, before trashing peoples files. The CRAs will be getting sick of all the complaints..

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Crap One have written to me today saying I have not sent them the correct fee of £10 for SAR. They have failed to send me my request for CCA which I know is only £1. I used and edited the templates from this site, sent them a postal order for £1 and six letters.

 

Who are they trying to kid! They think I don't know the difference between an SAR and a CCA request.:mad:

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Hiya alwayscheckurcreditrecord, how about something like.....

Dear Sirs

 

Notice that you have reported data about me which is inaccurate and in dispute.

 

Further to the recent correspondence with yourselves and with Equifax I hereby confirm unless you remove the false information you have reported to the credit reference agencies I will have no option but to lodge a claim with the County Court against you, Equifax, Call Credit and Experian for your breaches of the Data Protection Act.

 

Your present actions are underhand and dishonest and I believe you are manipulating the situation and abusing your position in an attempt to collect a defaulted debt that has nothing to do with me.

You have failed to provide me with any evidence that you posses a credit agreement in my name despite my Consumer Credit Act section 76 letter and the numerous times I have followed this up. Further to this you have manipulated the information you are reporting to the credit agencies in an effort to further involve me in your deception, specifically the address's I was supposedly living at at the time of the reported default.

 

I am giving you the opportunity to remove this false information from my credit file. Please confirm to me in writing within the next 14 days that you have removed your defamatory comments you have made with a full apology and your proposals for compensation for this act of gross incompetence.

 

If you do not confirm that you have corrected your error within the next 14 days I will have no alternative but to issue proceedings in the County Court to force you to retract your lies. The Data Protection Act allows me to seek compensation from both you and the data reference agencies that are recording your erroneous reports through the County Courts. If you do not remove the negative reports you have made and the data reference agencies continue to report this false information I will have no hesitation in issuing further county court proceedings against you.

 

 

 

Yours faithfully

If you do use the above you must follow through and start court proceedings against them and I don't see why you shouldn't list the credit reference agencies as defendants too as they are reporting the information. This will cost you £150 though :cool:

pete

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