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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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Pensioner & Credit Cards - need advice ***WON***


fenlon962
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My mother in law took a credit card with Adams (Duet) in March 1999 when she was already a disabled pensioner (age 64). Now struggling to pay debt and now has had 3 year payment arrangement renewal refused and interest charges and default fees are being added. She is in no financial position to pay more than arrangement agreed.

Please give advice on how to continue ?

Currently still paying small amount per previous arrangement.

 

Thanks

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Hi, fenlon962.

 

Have you considered claiming back the charges on the account ?

Do you have any idea how much this might be.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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As she has used the card therefore owing them some money I don't know how to go about handling it. She had 4 credit cards with debts on each when we found out about financial position April 2006 and have payment arrangements in place for all of them. Adams are the only ones refusing to continue this.

Adams statement shows 2 interest rates :

Interest charged @2.5% per month &

Interest for purchase charged @2.520% per month

 

No idea why 2 charges?

 

How and why would I be able to reclaim charges?

Thanks

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Hi,

 

Have a look at this 'link', Credit Card charges claims are almost identical.....

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

You can claim back charges for the last 6 years, here's what you can claim.....

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/15518-charges-description-statements-please.html

 

You first need to get all your statements for the last 6 years, total up the charges then send your 'prelim' letter to the card provider asking for the charges back.

 

After 14 days, if they have not returned your charges you then send them a Letter Before Action............

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm

 

After a further 14 days, if they have not refunded your charges, you file N1 at your Local County Court.

 

 

 

You are also within your rights to ask all the Card providers to see your Credit Agreement.

 

Letter 'N' in the library...........

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send this with a £1 postal order and send it recorded.

 

If they cannot provide you with this, you are then in a good position to offer them a full and final payment, to get rid of the debt.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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UPdate -sent letter requesting CCA - no response yet.Verbally told (by jobsworth) that he declined the renewal as she had £1.50 window cleaning and £5.00 newspapers per week on her income/expenditure and these are not considered necessities. She is 73 and severely disabled. Explained that these items could be removed and would be swallowed up in weekly shopping and cleaning bill. He then advised me that what I had just said would be noted on file and is being recorded !!!!!!!!!!!I am now advised by him to resend income/expenditure in and hope someone else gets it before him. What a DH!

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Do not resend the i and e yet until you have had a suitable response to your cca request.

 

If it passes the 12 + 2 then send:

 

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

This limit has expired

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x

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Thanks Ida

 

What effect will it have on payment arrangement if they send cca? She can only afford £3/month with them and they won't accept this.

 

I believe it was irresponsible selling but need cca to check full details.

 

Have not sent i&e waiting on their response.

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I always advise if you can only afford £xx then only make £xx whether they agree to this or not. A court won't make you pay anymore than you can afford. I always advise if someone is sending and i and e and offer pf payment, include the first payment and continue to make the payments that you have proposed and on time.

 

What effect will it have on payment arrangement if they send cca? She can only afford £3/month with them and they won't accept this.

 

It depends on what they send and what you want to do with it.

 

Take one step at a time. If you are still paying them then continue to do so until they default or unitl you decide on what route to take

 

Ida x

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  • 3 weeks later...

Update - still not received cca but this month's statement now shows no interest and minimum payment £3 as previous agreement.

 

I don't want to aggravate situation but still want copy cca and also I want copies of statements from Mar 99 to Apr 06 but have been informed by a friend that they will cost me £1 each ( approx £84 for all) is that right or do they have a maximum charge?

 

Anybody know?

 

Thanks

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Hi, fenlon.

 

Send the Origional Creditor a SAR, this will cost you £10 but should get you all your statements.

 

 

http://www.consumerwiki.co.uk/index.php/Subject_access_request

 

 

 

 

Send it recorded, with a £10 Postal Order.

 

Regards.

 

Scott.

Edited by maroondevo52
Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 4 weeks later...

Have sent cca request with no response.

Have sent SAR request with no response as yet but still within 40 day period.

 

Am waiting for 40 day period up before putting into dispute but just wondered as I sent the letter on behalf of my mother in law, of which I do have written authority and they acknowledge this, do they still have to respond within these periods?

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do they still have to respond within these periods?

 

Yes, don't see why it should make any difference ;)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Today received statement showing agreed payment of £3 as minimum payment and thanking for payments made to account:

 

£3 agreed

£10 which was for SAR

£1 which was for cca

 

They have credited postal orders to account instead of using them as directed for SAR and cca ?

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doesn't matter. they have re'cd the letters and payments - they can do whatever they like as they still have to adhere to your request

 

idax

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  • 3 weeks later...

HI again!

 

Well 12 +2 days for cca well and truly up now with no response and the 40 days for sar also passed on 21st April again no response.

I am trying to write letter which combines their lack of response to both issues but unsure of court action which most templates threaten re sar.

My opinion is that you have to be sure that you will go through with any action threatened and don't really know what is involved with getting court action for info.

Any more info or help would be appreciated.

Thanks

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  • 2 months later...

Update on situation :

 

Have now received cca which is a blank copy of standard agreement. general questions on you/your partner etc. Q4 home details would have been unfurnished tenant. Q11 employment details asks for source of income if neither you nor partner are in employment. This would have been filled in as state pension only. This to me is blatant irresponsible lending.

 

Also received copy statements from Jun 02 to Jun 09 missing Mar 99 to May 02. Analysis of these statements show :

 

Purchases 1614.55

Cash Advance 2029.32

Handling fees 33.42

 

Payments made 4256.00

 

Balance is made up of 2707.28 interest ( which has compounded) and

Late fee 40.00

 

Can anyone help with letter requesting write off due to outrageous interest charged?

 

Thanks

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you just claim these back as normal process,

 

templates are here: http://www.consumerforums.com/resources/templates-library/48-bank-templates/121-bookworm.html

 

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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  • 9 months later...

UPdate - After having no response from Creation since July/August 2009 I went down the route of Financial Ombudsman in Oct 2009. Unfortunately they said they couldn't help but directed me to Finance & Leasing Association. In Feb 2010 FLA took on the case and wrote to Creation in March 2010. With still no response I was surprised to see latest statement from Creation showing FULL refund of outstanding amount as 'Goodwill Compensation'.

Must say this is a result!

Still feel that Creation are total Shysters and probably owe us money but happy with the outcome as didn't really want to go down the legal/court route.

 

Many Thanks to all that helped !

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I was surprised to see latest statement from Creation showing FULL refund of outstanding amount as 'Goodwill Compensation'.

 

Great result :) took over a year but you got there, good stuff.

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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