Jump to content


  • Tweets

  • Posts

  • 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 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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

DCA wont quit, what next?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5552 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

Hi, this is my first post, though I have found this site an excellent resource so far! (Sorry if this should be a new thread!)

 

I have received a letter from a DCA after advising them that the alleged 'debt' (a PPC ticket) is disputed.

 

I've downloaded and read the Debt collection guidance guide from the OFT and they have clearly breached two parts of the guide:

 

2.2(h) - asking or instructing debtors to make contact on premium rate telephone numbers

2.6 (h) - ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I can see there is a complaint form, but notice that you say an emailed complaint might be better. Given the evidence I have (I sent my letters recorded delivery and I've got the envelope of last letter) - what do you think the best thing for me to do is?

Edited by SheriffWigam
Link to post
Share on other sites

I can't start a new thread, I don't have the permissions. :(

 

A brief summary: After few letter with UKPC ending in a cease and desist letter where they have sent me no evidence (I'll go into details on a new thread). Then I get a letter from uksearchlimited. I advised them that the matter is disputed and not to contact me again.

I have since received a further letter from them, which clearly is harassement (section 2.6(h) of the OFT's DEBT COLLECTION GUIDANCE) - and I've noticed they want me to call and 084444 number which is unfair practice (section 2.2(h) of the same guide).

 

I've put a post on:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198014-oft-trading-standards-complaint.html

 

asking what my next step should be.

 

Thanks!

Link to post
Share on other sites

Hi, SheriffWigam.

 

I'm going to move your post and mine to start a new thread for you :)

 

Also merged your other post.

 

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

Link to post
Share on other sites

Hi and welcome to CAG. Refuse to answer any security questions on the phone. Remember it is your phone and not theirs. Send them this.

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Edit anything in RED to suit you and DO NOT SIGN THE LETTER. Some DCA's can use the signature to paste onto other documents.

 

If they keep phoning you then send them this.

 

 

HARASSMENT WARNING WARNING;

PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {you’re Telephone Number}

 

Re: Harassment by telephone

Dear Sir/Madam

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded (Put this in even if you don't have a telephone call recorder)

Yours faithfully,

 

Again do not sign it and edit to suit. Make sure both are sent by recorded delivery so they can't say they did not receive your letters.

 

Good luck.

:cool::cool: Blondmusic :cool::cool:
Link to post
Share on other sites

Thankyou Blondmusic, but I'd been lucky enough not to give them my telephone number.

 

I was wondering what to do next after receiving a second letter from a DCA, after sending them this letter:

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

This alleged debt is in dispute. I have written to your principal on a number of occasions and they have failed to substantiate their claim.

 

In the circumstances please refer this matter back to your client.

 

Any further correspondence from you in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

 

Yours faithfully

 

Their reply:

Dear Sir,

 

I note that you say that you have sent in correspondence to UK Parking. We have been advised that this debt is outstanding and should be collected in full. Any future correspondence must be sent to ourselves.

 

We are fully aware, and comply with all laws and guidance on debt collection, and this includes harassment laws. Our actions do not constitute harassment.

 

Please contact us to make full payment on 08444 xxxxxx at your earliest convenience.

 

Your sincerely,

Edited by SheriffWigam
spelling mistake
Link to post
Share on other sites

Send them the fist letter which is a prove it. If they cannot prove you owe it then they can't make you pay it. Basically it tells them Put up or shut up.

 

They may ignore the prove it letter and if they send you another letter asking for payment just send them another copy of the prove it letter with a covering letter stating that they have ignored your previous letter.

 

Never phone them and never sign any letters. Keep everything in writing so that you have a record of your dealings with them. Send all the letters by Recorded Delivery. Let us know on this thread what the reply is. Best to bookmark this thread as a favourite in your browser so you can find it easily again. I lost a few threads of mine before i learned to bookmark them LOL. I am a hopeless blonde sometimes LOL.

Edited by Blondmusic
Additional Details.
:cool::cool: Blondmusic :cool::cool:
Link to post
Share on other sites

Thanks again Blondmusic. I was thinking of complaining to the OFT (given that they have already sent me a letter after I advised them the alleged 'debt' was disputed). Perhaps I could send them the letter provided AND at the same time complain to the OFT?

 

What is the best way to lodge a complaint?

 

Oh and if I believe they are pasting my signature onto other documents - is there anything I can do about that?

Edited by SheriffWigam
more information
Link to post
Share on other sites

Oh yes you can complain to the OFT if they are breaching Debt Collection Guidelines. Look them up on the OFT site and you can download a copy in PDF format.

 

Not sure about proving that they have transferred your signature onto documents though. Best way to prevent it is not to sign any letters to them.

:cool::cool: Blondmusic :cool::cool:
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...