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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
      • 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
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Am I in the wrong here???


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Having read a few more threads about token/agreed payments, it made me stop and think because I have several credit agreements that I stopped paying last year because my disability became so bad that I could not get out of bed until between the hours of 5 & 8 pm. I have notified all of my creditors about my disability and how it affects me and can provide a full report on how serious my condition has become over the last 3 or 4 years.

 

So my question is, even if the creditor cannot supply a signed cca or has seriously breached some of the regulations, can they still enforce the debt because I stopped paying or is my disabiliity and how it affects my day to day life taken into account? :-?

 

Hopefully someone can help answer this, in the meantime Im going to check out my copy of the Disability Discrimination Act that I keep handy to see if there is anything in there that can help. Ive never thought of looking there to see if there are any provisions to help me in such situations :-|

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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So my question is, even if the creditor cannot supply a signed cca or has seriously breached some of the regulations, can they still enforce the debt

If they cannot produce an enforceable CCA for whatever reason they cannot take any enforcement action. Although the debt still exists morally they can take no legal recourse.

 

With regard to your disability have a look through Special needs, Disability etc - The Consumer Forums where you should be able to get more advice from more knowledgeable people in this area.

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Thanks, that makes me feel better cos now i wont panic, but i will always feel bad about owing money I cannot pay back.

 

I found this by following links in threads as suggested

 

Debt from Disability | Debt - Special Situations | The UK Insolvency Helpline

 

a 24 hr service :eek: - im gonna phone now. Have to find out if its too good to be true!

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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ok. just phoned the insolvency helpline. Spoke to a really nice man who told me that the 24 hour line is for business. HOWEVER, they do advise individuals also during their office hours.

 

Someone is phoning me back on Monday pm. Im only going to get advice about the dca who wanted me to respond to 2 letters and one email in the space of 6 days, the wording of their last notice of legal action which implies (in my opinion anyway) that they have some connection or authority with the courts.

 

Im also going to get advice about my credit card being activated by someone else (indications its an 'inside job' :lol:).

 

Anyway, sorry for repeating some of the details above as they are in separate threads.

 

I will post up what happens on Monday (if anything).

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Then I will defo post up what happens on Monday. Their site is very informative they have an entire section on debts and disability/illness amongst a whole heap of other things non-disability related.

Edited by summanotre
extra information added

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Share on other sites

Debt from Disability | Debt - Special Situations | The UK Insolvency Helpline

 

a 24 hr service :eek: - im gonna phone now. Have to find out if its too good to be true!

 

 

Well, I was told someone would phone me today during office hours - its now about 9.15pm - still waiting for that phone call .... :evil:

 

Having said that, I dont want to dismiss them completely because it may be that if I phoned them during office hours I may well get the advice Im waiting for.

 

If anyone does phone them, can you let us know how it goes?

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Still not heard anything - Im going to phone them on Monday and asked which Monday they meant when they took my details. :p

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Why not give National Debtline a call yourself?

 

It is free and confidential. :D

 

Hi supasnooper, have been there done that, cab negotiated min.pymts, no prizes for guessing who was the 1st to pass to DCA, yes you guest it MBNA, am going through the cca reguest with them and one other.:)

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Hi there,

 

Try not be too hard on them :)............there are more and more people seeking help these days.

 

I do hope you get through and get answers to your questions.

 

Yes I agree, but if after giving your personal details plus a brief description of your problem and then been asked what is the best time to be called, you think they are going to call. For an organisation that is there to help, then they should be aware that the people they are dealing with are already distressed.

 

Now, I know all organisations that purport to help are overstretched, but come on, its been 6 days since my original phone call and 4 days since they promised to call me back - its a real let down.

 

But I am determined and WILL be phoning them on Monday asking for advice and then asking why they didnt phone when they said they would - I think I have a right to know that! ;)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Why not give National Debtline a call yourself?

 

It is free and confidential. :D

 

So is the UK insolvency helpline who cover disabilities & debt - :)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Share on other sites

I finally got a response. I received a telephone call from UK Insolvency helpline yesterday.

 

Unfortunately they telephoned at 11.30am, despite me asking for a late afternoon call due to my disability. Consequently, I couldnt speak to them. But at least we know that they do (eventually) respond. As supasnooper pointed out they are probably overstretched.

 

So I have to return their call, but at least I can call at my convenience now that I know they have my details for sure.

 

I would advise anyone who wants to use them to telephone them first. Their phone number is free.

 

I will post here if they have been useful for me.

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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