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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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ST1973 V Co-Operative (Smile bank)


St1973
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They are only allowed to send someone round if you agree to make an appointment (OFT requirement). If you have not done this then it is a tort of trespass (only the postman and people asking for directions can cross your property without permission).

 

Send them the doorstep visit letter (and keep a copy ready to give them if they should do it again)

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Hi Guys,

 

I have recently been flooded with threats from DCA's/Solicitors regarding this debt, each one fobbed off accordingly with the standard "Please produce a valid CCA"...

 

Now, this crowd have made me a strange offer of paying £23 a month to clear a 8 grand debt. Now, I know they buy the debt at a lot less than what it is, but is this a good move for me, or another one to 'fight'...advice would be appreciated

 

Thanks

 

St

Offer1.jpg

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That is a very poor image and very tiny. Can you please convert to pdf and post up using dx instructions below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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Uploading documents to CAG ** Instructions **

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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

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I would point out that the Default Notice is dated 11th April 2010 and the remedy date is 25th April 2010 = 14 days No allowance for posting according the rules.. (2 business days for 1st class and 4 business days for 2nd class or UK Mail).

 

However, 11th April 2010 was a Sunday - therefore the DN was defective by a further day therefore the posting allowance was being deducted from 13 and not 14 days. ... oops :)

 

Brandon v Amex in the appeal court and Harrison v Link in the High court.. both judgments made it quite clear that the time is statutory and therefore not de minimus.. They MUST get it right.

 

Presumably they have now assigned the account on.. or has it just been passed on for collection purposes only ?

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

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If it has been assigned/sold to a DCA.. have you ever received a Notice of Assignment ? Although it would appear that H Cohen are acting on behalf of the Co-op !!

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

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I did wonder because there appeared to have been other DCAs skulking around before HCohen appeared from under a stone !!

 

TBH, I dont know what you should be doing next. It would appear you are still minus an agreement that is acceptable and now you have a Default Notice that is wrong..

 

Do you have any charges for default/late payment on the account? was there ever any PPI on it ?

 

What made you stop payments in the first place ?

 

What do you want to achieve ?

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

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I did wonder because there appeared to have been other DCAs skulking around before HCohen appeared from under a stone !!

 

TBH, I dont know what you should be doing next. It would appear you are still minus an agreement that is acceptable and now you have a Default Notice that is wrong..

 

Do you have any charges for default/late payment on the account? was there ever any PPI on it ?

 

What made you stop payments in the first place ?

 

What do you want to achieve ?

 

 

Well, I am sure there will be charges levied on the account as the total amount did increase quite a bit. As for PPI I am not sure.

 

The reason why I stopped paying was simply due to affordability as I couldnt meet payments. I am hoping for a resolution whereby they end the futility of the enforcement without proper agreement and write it off.

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Well, I am sure there will be charges levied on the account as the total amount did increase quite a bit. As for PPI I am not sure.

 

The reason why I stopped paying was simply due to affordability as I couldnt meet payments. I am hoping for a resolution whereby they end the futility of the enforcement without proper agreement and write it off.

 

Do you have any statements ? If you were paying PPI, then that will be identified.. I rather suspect that the charges would be unlikely to clear what appears to be a 4 figure sum!

 

Almost certainly if you were to accept their offer.. then you would have accepted that there is a debt and if you are near to statute barred.. screwed that up.

 

I think this one you need to give some thought to.

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

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I am concerned that this is a way of catching me with a 'you have recognised the debt officially' now pay up and you have no defence on the agreement being unenforceable...

 

Hmmmmmmm....something to ponder. Its a nice offer, but again, long term, the consequences could be bad.

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Its a difficult decision. Two things;

 

1. If I accept the offer, I then acknowledge the debt and thus, in my opinion, wave any notion of it being unenforceable

2. If I dont, a court may take a dim view (if they can do that given that the CCA was written by a 3 yr old)

 

Thoughts?

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I would point out that the Default Notice is dated 11th April 2010 and the remedy date is 25th April 2010 = 14 days No allowance for posting according the rules.. (2 business days for 1st class and 4 business days for 2nd class or UK Mail).

 

However, 11th April 2010 was a Sunday - therefore the DN was defective by a further day therefore the posting allowance was being deducted from 13 and not 14 days. ... oops :)

 

Brandon v Amex in the appeal court and Harrison v Link in the High court.. both judgments made it quite clear that the time is statutory and therefore not de minimus.. They MUST get it right.

 

Presumably they have now assigned the account on.. or has it just been passed on for collection purposes only ?

 

Further to my post above.. I see they have also terminated the account twice.

 

1st on 6th May then again on 5th September.

 

And the point of terminating an account that they had already terminated would be..... ???

 

I suggest you send a letter to the DCA who is pursuing this.. basically asking them to confirm if they have the right to do so.

 

I have attached a draft below for you. Read it carefully because you will have to enter the OC and DCA names in a couple of places.

 

This does not admit any liability so if you are going to decide to hold out for SB.. you are ok. All you are doing is requesting sight of something they should have sent you if the account has been assigned.

 

 

Draft request for assignment - Amended Draft.doc

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

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