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    • 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
      • 160 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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Hopster
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2009 is the date on the crdit file

In that case I think it would be unwise to send the SB letter at this point.

 

 

The default date March 2009 that to be certain the SB date is March 2015, however this depends on two points.

 

 

1. There has been no payments made in that 5 year period.

2. There has been no unequivocal written acknowledgment of the debt in the six year period.

 

 

However if you can prove the date of the last ever payment, (which could be up to 6 months prior to the default date). You could claim the debt became SB 6 years from the date when a payment was due and not made after which no further payment/acknowledgment was ever made.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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With the greatest of respect Brigadier you and the Site team are not singing off the same hymn sheet re. SB. Site Team - Would you agree with this ?
?

I do not understand your post?

Has any member of the site team challenged or disputed the advice given?

 

 

Contradictory statements made by you have " muddied the waters " here.

 

 

So unless I'm missing something I can see no reason for your "comment".

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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it would be better if we saw the letters please

 

 

scan them up.

 

 

typically, marlin normally do something within 12mts.

i'e claimform

 

 

the other thing to consider is this was an online application?

so what you might have is NOT a recon

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hopster, can we please narrow this down a bit please?

 

You say that you did not make on offer of payment in 2011 so that clears that point up.

 

We need to establish the date of the Cause of Action so to start with, when was your last payment to the account.

 

I have asked this before....what was the language used by your solicitors? Do you have copies of the letters they sent? If so, post them up please.

 

The language they used is important since if they were acting for you as a duly authorised representative then their correspondence could be construed as an acknowledgement.

 

For example, if they used something similar to "We refer to our client's debt with yourselves" or "We write in connection with our client's indebtedness to you" then that could be seen as an acknowledgement.

 

If they used phrases such as "we refer to a debt which you allege our client owes" or "We refer to an alleged debt" then that puts a different slant on things.

 

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?

I do not understand your post?

Has any member of the site team challenged or disputed the advice given?

 

 

Contradictory statements made by you have " muddied the waters " here.

 

 

So unless I'm missing something I can see no reason for your "comment".

 

 

Did not intend to mddle anything - I thought that eferred to a 5 year period when the 6 year period should apply - sorry.

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  • 1 month later...

I am sorry that I have been with my eye "off the ball" for too long but now I am back.

 

I cannot see anything in the letters from the solicitors acting for me that could be described as an acknowledgenment of a debt.

 

I have still not sent a staute barred letter but have printed ne out this evening.

 

Since our last communication I have now received yet another letter from Marlin,

this time from Marlin Financial Services

"this debt has been passed to us to recover etc"

 

 

the previous letters were all from Marlin Capital Europe Limited

- so it looks as if the action now starts for real.

 

I hate to think of how much interest I would have to pay if I went to court and lost

- doesn't bear thinking about

- even tho the CCA appears to be a re-constituted one

the solicitors have advised that the judge is more than likely to find for the claimant.

 

I think that the Staute bared letter cannot do too much harm in the immediate future

- at least Marlin may come back and say why they don't agree.

 

In the meantime I am fielding regular phone calls from them.

 

Have you an opinion for me to digest ?

 

Best wishes

Hopster.

 

 

 

Hopster, can we please narrow this down a bit please?

 

You say that you did not make on offer of payment in 2011 so that clears that point up.

 

We need to establish the date of the Cause of Action so to start with, when was your last payment to the account.

 

I have asked this before....what was the language used by your solicitors? Do you have copies of the letters they sent? If so, post them up please.

 

The language they used is important since if they were acting for you as a duly authorised representative then their correspondence could be construed as an acknowledgement.

 

For example, if they used something similar to "We refer to our client's debt with yourselves" or "We write in connection with our client's indebtedness to you" then that could be seen as an acknowledgement.

 

If they used phrases such as "we refer to a debt which you allege our client owes" or "We refer to an alleged debt" then that puts a different slant on things.

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I have now sent the SB letter - is anyone interested in any reply that I my get from Marlin ?

 

 

I am sorry that I have been with my eye "off the ball" for too long but now I am back.

 

I cannot see anything in the letters from the solicitors acting for me that could be described as an acknowledgenment of a debt.

 

I have still not sent a staute barred letter but have printed ne out this evening.

 

Since our last communication I have now received yet another letter from Marlin,

this time from Marlin Financial Services

"this debt has been passed to us to recover etc"

 

 

the previous letters were all from Marlin Capital Europe Limited

- so it looks as if the action now starts for real.

 

I hate to think of how much interest I would have to pay if I went to court and lost

- doesn't bear thinking about

- even tho the CCA appears to be a re-constituted one

the solicitors have advised that the judge is more than likely to find for the claimant.

 

I think that the Staute bared letter cannot do too much harm in the immediate future

- at least Marlin may come back and say why they don't agree.

 

In the meantime I am fielding regular phone calls from them.

 

Have you an opinion for me to digest ?

 

Best wishes

Hopster.

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  • 3 weeks later...

simply post it up

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for responding.

I will advise if and when I get a reply - in the meantime I havereceived yet another letter frm Marlin hreatening further steps. I will try and post any reply to the SB letter - (not sure how to do that !)

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HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

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ENSURE: To leave all Monetary Figures and Dates.

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DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

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1. SCAN YOUR DOCUMENT

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- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

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- Don't forget you can use a mobile phone or a digital camera too!!

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- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

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- IPHONE ONLY: Take a picture and Convert to PDF via an APP

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2. HOW TO EDIT (Remove Personal Information)

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- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

PLEASE TRY AND REFRAIN FROM POSTING FILES OF +1Mb in size

a single sheet of a4 should be about 50kb.

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OR Go to one of the many free online pdf converter websites:

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- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

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PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

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4. BEFORE UPLOADING YOUR DOCUMENT ON CAG

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- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

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- For Example: Default Notice DDicon-MM-YYYY.

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

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- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

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- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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