Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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

is this agreement valid


vrod
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5394 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

icon1.gif is this agreement valid

Hi all

 

Would it be possible 4 any1 2 check if this agreement is valid need some help struggling to keep BOS of my case

 

If its not valid could u state which part of cca act they are non compliant with your help is gratefully recieved

 

What sort of letter would i need to send 2 hopefully have debt written off? Is there a template letter on this site?

 

Have informed FOS still have 5 weeks to wait while BOS are fobbing me off. .

 

Spoke 2 BOS today advised them that the agreement was made up as they have just credited the Boots voucher offer to my account which wasn't on original applications form back in 2004 trying 2 cover their tracks.

 

They have also failed 2 sign and date the agreement have deleted my personal details was signed and dated by myself but not by BOS or date stamped

 

Also notice no header CREDIT CARD AGREEMENT COVERED BY CONSUMER CREDIT ACT 1974 doees this make agreement invalid?

 

New boy to the site not sure how 2 start new thread can any 1 help

 

THIS SITE IS EXCELLENT WILL BE PURCHASING SMALL CLAIMS GUIDE AND A WILL KIT

 

Kind regards

 

vrod

http://i671.photobucket.com/albums/vv78/vrod_01/img005.jpg

http://i671.photobucket.com/albums/vv78/vrod_01/img004.jpg

Edited by vrod
Link to post
Share on other sites

icon1.gif is this agreement valid

Hi all

 

Would it be possible 4 any1 2 check if this agreement is valid need some help struggling to keep BOS of my case

 

If its not valid could u state which part of cca act they are non compliant with your help is gratefully recieved

 

What sort of letter would i need to send 2 hopefully have debt written off? Is there a template letter on this site?

 

Have informed FOS still have 5 weeks to wait while BOS are fobbing me off. .

 

Spoke 2 BOS today advised them that the agreement was made up as they have just credited the Boots voucher offer to my account which wasn't on original applications form back in 2004 trying 2 cover their tracks.

 

They have also failed 2 sign and date the agreement have deleted my personal details was signed and dated by myself but not by BOS or date stamped

 

Also notice no header CREDIT CARD AGREEMENT COVERED BY CONSUMER CREDIT ACT 1974 doees this make agreement invalid?

 

New boy to the site not sure how 2 start new thread can any 1 help

 

THIS SITE IS EXCELLENT WILL BE PURCHASING SMALL CLAIMS GUIDE AND A WILL KIT

 

Kind regards

 

vrod

Edited by vrod
Link to post
Share on other sites

Nothing shows up for these DOc 1 And Doc 2.

 

Comes up as invalid link.

 

Same as in thread. and your other threads... http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/194576-agreement-valid.html

 

All your threads seem to have the same problem,

Have look at this, it may help http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Have a look at this thread, it tells you how to check your agreements.

http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Edited by questioning
Link to post
Share on other sites

hiya vrod

 

seen you have two threads now and both cannot see the documents, you need to get the threads merged click on the triangle and a mod will hopefully do that for your threads

 

******

 

 

The CCA isn't showing - have you tried scanning and uploading the image to Image hosting, free photo sharing & video sharing at Photobucket?

 

If not, once it's scanned on your PC put it somewhere you can find it (desktop/folder marked MBNA etc). Next go to Photobucket and register.

 

Once you've done that, you need to click on "upload photos and video" (box on top left of home page). Click "choose files" which will bring up your files in a separate box. Find the image and click "open", and it will start uploading automatically.

 

Once that's done it will open up and you can click "edit this image" just underneath the picture. Remember to remove all personal info (I use decorate/draw to do this), then click "save and continue". It will take you back to the smaller version of the image, and there should be 4 link options showing underneat - you want to right click and copy the top one "email and IM". OR I PREFER THE SECOND ONE below - your choice.

 

Now come back on here and click the icon above the text box with the world and little chain type piccie, right click and paste the url and you're done.

*******

 

hope the above helps

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hi angel 1

 

have post docs on photobucket and reload onto my thread

i am very grateful 4 your help thanks

 

not sure how to merge threads if u can sort it out for me would be grateful.

 

kind regards

 

vrod

Link to post
Share on other sites

hi angel 1

 

have post docs on photobucket and reload onto my thread

i am very grateful 4 your help thanks

 

not sure how to merge threads if u can sort it out for me would be grateful.

 

kind regards

 

vrod

 

 

hiya vrod

 

you are very welcome, only passing on the help that was given to me in the past:)

 

okay ill click on the scales and a mod will come to this thread and see if can merge both your threads so you only have one to follow and for others to view and post on

 

have a sunny day laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

threads merged:D

 

But which forum do you want it in. Halifax or Royal Bank of Scotland ??

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

hi angel /citizenB

 

cheers 4 the help:D

 

struggling 2 establish what part the agreement fall short on .

2 much info system over load :confused:

 

noticed no header CREDIT CARD AGREEMENT REGULATED BY CONSUMER CREDIT ACT does this make it invalid?

 

also not signed or dated by BOS does this make application unenforceable?

 

in process of taking action in small claims court is this the right way 2 go?

 

or should i wait 4 outcome of FOS investigation?

 

if any1 can let know if agreement is invalid would be grateful if it falls short could please state what part of cca act i need 2 quote

 

cheers all

 

regards

 

vrod:confused:

Link to post
Share on other sites

I would say it's not enforceable as it clearly states it's an application form.Also their are no prescribed terms within the four corners of the application.

 

Im sure someone with more knowledge than me will confirm the above.

Link to post
Share on other sites

hi angel /citizenB

 

cheers 4 the help:D

 

struggling 2 establish what part the agreement fall short on .

2 much info system over load :confused:

 

noticed no header CREDIT CARD AGREEMENT REGULATED BY CONSUMER CREDIT ACT does this make it invalid?

 

also not signed or dated by BOS does this make application unenforceable?

 

in process of taking action in small claims court is this the right way 2 go?

 

or should i wait 4 outcome of FOS investigation?

 

if any1 can let know if agreement is invalid would be grateful if it falls short could please state what part of cca act i need 2 quote

 

cheers all

 

regards

 

vrod:confused:

 

The fact that they havent stamped and dated doesnt really help I dont think, they can do that at any time.

 

I would think if there is no header to say that this a Credit Card Agreement Regulated by the Consumer Credit Act1974 then, it isnt valid. It is definitely a promotional application form by the looks of things.

 

Spoke 2 BOS today advised them that the agreement was made up as they have just credited the Boots voucher offer to my account which wasn't on original applications form back in 2004 trying 2 cover their tracks.

 

I dont understand the statement above. Are you saying that the offer for Boots Vouchers.. was NOT on the form you signed ?

 

There is a letter in the following link that you can send.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent.html

 

You ask if you should await the outcome of the complaint to the Financial Ombudsman, when did you make this complaint?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

hi citizenB

 

yes the boots offers wasn't on my original application .

have tried to establish when the boots offer was offered 2 the public BOS are not willing to confirm date . When issued of Boots vouchers was raised they basically credit 40 pound 2 my account i am sure they are covering thier tracks.

 

it looks like the application has been made up 4 my benefit on application form no box 4 customers surname

 

the card was issued on my first name and surname i rang a BOS in 2004 a few weeks after the card was issued asking them 2 add my middle name to the agreement but on the application form BOS sent ME my middle name appears on application ? this make me think copy of application is made up. otherwise they would have issed credit card on as ie A J BLOGGS not A BLOGGS

 

Details were passed to FOS on01/04/09 have 2 wait till 30/05/09 before FOS can look into the case.

 

kind regards

 

vrod

Link to post
Share on other sites

hey vrod

 

can i pls ask you the scans are little small for me to see in the bottom left and right hand corners of your first copy ie the application form there are numbers and i think from mine month/year type of figures

 

can you see what is supposed to be on the rear which is your second scan do these figures appear the same under the terms and conditions

 

reason im asking is that when i asked for my sars info

 

bos only sent the front sheet the application and nothing was scanned on the back (you can imagine where im going now lol)

 

now suddenly because ive queried my other account with hbos, i now suddenly get sent a front and back copy

 

why not sent via my sars? which is what they should send i think it is now quite clear to me possible adding of info on the back of the application form

 

the numbers im referring to appear the same on front and back in those bottom corners

 

anyone can add a second sheet cant they?

 

thanks for your assistance - also without giving too much away how have you sent your complaint to fos, have you hightlighted just that different info has been produced to you? im thinking of sending to ico maybe these are my initial thoughts but will of course update my thread later this eve for further advice from cag members

 

laters keep positive angel x8)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hi angel

 

not the same i am sure they have cut and pasted docs 4 my benefit:eek:

 

2nd scan seems like different docs added toghther on 1 sheet of A4

 

did ask BOS to confirm what procedures they have in place to prove the scanned images validity and safeguards in place to prevent alterations to the scanned image, Also requested proof that the scanned image was from 04 2004.

 

BOS not willing to answer the questions raised in previous messages mention all the points 2 FOS and that the application in my full name when the credit card was issued in my 1st name and surname all adds up 2 a made up application they wrote 2 BOS 2 all them 2 sort out my case have 2 wait 8 weeks before they can investigate my case . Did advise FOS if BOS can't answer my question then they need to wipe off my debt and refund any payment made by myself

 

if u get no joy from your bank just give FOS a ring and discuss your case with them .

 

FOS 0845 080 1800

 

kind regards

 

vrod

Edited by vrod
Link to post
Share on other sites

hiya vrod

 

many thanks , but it would now be wise for you to edit out those actuall reference numbers completly from your last post to me because i think they could identify you possibly from what you have quoted in your post

 

am really sorry i didnt mean for you to quote them only now thinking of your safety

 

so pls edit them out

 

but i agree you will have to keep your wits about you

 

catch up in the week keep happy laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

hi angel

 

have deleted details , i requested credit card application for a friend he has the same ref numbers as myself on both sides of docs .

 

the details are added to a standard copy only difference are the personal details.

 

regards

 

vrod

Link to post
Share on other sites

  • 4 weeks later...

hi all:rolleyes:

 

recently had a reponse from B.O.S advised them agreement not valid under cca act 60 (1) and 61 (1). They have sent back a final response advising that the agreement is valid in a court of law.

 

They advised no header on application is required ?

 

Are there any other details the agreement falls sort off to help my case? :confused:

 

Not to sure were i stand at the moment have passed deatils to F.O.S and await there reponse, am i better off going down small cliams court route.

 

Do they actually award all premiums paid into account or not?

 

would be grateful for some feed back

 

kind regards

 

vrod

 

http://i671.photobucket.com/albums/vv78/vrod_01/img005.jpg

http://i671.photobucket.com/albums/vv78/vrod_01/img004.jpg

Edited by vrod
Link to post
Share on other sites

  • 1 month later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...