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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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Linkand MBNA CCA return


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hi all caggers,

ive had this final response etterfrom link, and i dont understand what my way forward is now. they havent supplied me a CCa, only a tiny ripped application form. they have stipulated they have not breached any guidelines der der der der.....it says if theyve not heard from me within 8 weeks, they will close file. so today ive received a personal budget plan to fill in. whats the best thing i should do now guys????

 

kindest regards mel:?

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Do they own the debt?

How old is the debt, have you been paying anything to them?

Are there any late payment charges etc., PPI anything like that included in the cost?

Can you post the application form they sent to you?

Wouldn't fill anything in from them least of all a budget plan coz no matter what you put it wont be enough for the monkeys, they'll just want what you can't give.

DG:)

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Do they own the debt?

How old is the debt, have you been paying anything to them?

Are there any late payment charges etc., PPI anything like that included in the cost?

Can you post the application form they sent to you?

Wouldn't fill anything in from them least of all a budget plan coz no matter what you put it wont be enough for the monkeys, they'll just want what you can't give.

DG:)

yes they own the debt, it was an mbna account i was paying. the balance was just a grand, and was paying £10 per month to mbna, but as we had been in arrears for more than 8 months they sold debt to link. i havent paid anything to link, i just CCA'd them, but they have sent a very small application form, which has been torn from something, you can see its been torn away, dunno if it was when i applied for it i guess. i will have to take photos of all link have sent me, so please bear with me, ill try post them up later on. thanks guys

Edited by melmumof3
keyboard is missing letters grrrr
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Do please scan as much as you can but remember to cover personal details up as you never know who is looking as DCAs also come onto the forum.

DG:)

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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  • 8 months later...

http://i646.photobucket.com/albums/uu186/mel28089/P2021433.jpg

 

http://i646.photobucket.com/albums/uu186/mel28089/P2021419.jpg

 

 

havent been on the ball of late, but today after many many months, link finally have phoned, saying this is a CCA, and that i need to pay now... i havent... they sent a final response letter in may, and she said they werent chasing it, but are now going to continue now...

 

is this enforcable CCA?

back and front of CCA...

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how should i best tackle them now... ive already complained to them, which they responded with the final response letter... hadnt heard a dicky from them til this afternoon, and i wasnt right on it, so got them to call me back which she so kindly did lol... i didnt think it was a good example of an enforceable agreement, it was a mailer i believe? grrr.. she said i was making excuses as it was enforceable

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Your Ref: XXXXXXXXX

 

Ms. XXXXX XXXXXXX

Link Financial Limited

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, OR ANY COMPANY THAT YOU CLAIM TO REPRESENT

 

Dear Ms. XXXXXXXXXX,

 

RE: MY REQUEST UNDER SECTION 78 OF THE CONSUMER CREDIT ACT 1974

 

With reference to your letter dated (insert date).

 

I am in receipt of a two page document provided by you. This is referred to as copy of my original credit agreement with MBNA (Europe) Bank Limited. The first page would appear to show the financial terms which I assume you assert are connected to the credit card. This document cannot be considered as a credit agreement regulated by the Consumer Credit Act 1974 and because it is not signed by me, it is not sufficient to comply with S61(a) and s127(3) of the Consumer Credit Act 1974.

 

The second page is signed and dated 29 June 2004, this to date is the only document you have provided that is signed and can be determined as a credit agreement.

 

It is my position that the credit agreement entered into failed to comply with the Consumer Credit Act 1974. The agreement is a regulated agreement and is for the provision of running credit within the meaning of S10(1)(a) of the Act. Pursuant to S61(1)(a) of the Act such an agreement must be in the prescribed form and contain all the prescribed terms.

 

By Schedule 6 of the Consumer Credit (Agreements) regulations 1983 the agreement must contain specified terms. One such term is that agreements for running account credit must contain a term stating the rate of interest on the credit to be provided under the agreement, furthermore the agreement must state the credit limit or the manner in which the credit limit is to be determined. Where an agreement fails to comply with the prescribed terms as per 61(a) of the Act then the agreement will be irredeemably unenforceable.

 

I will now turn to my ‘Request under Section 78 of the Consumer Credit Act 1974 dated (insert date) and note that you have failed to supply all the documents that I requested:

 

• A true copy of the inception ‘Terms & Conditions’ which formed part of the original credit agreement, together with all subsequent ‘Terms & Conditions’ as varied;

• A true copy of the original payment protection insurance policy, together with the original ‘Conditions’ of that policy; (***If Applicable***)

• Confirmation that correct ‘Cancellation Rights’ were provided

• I also request the statement of account that you are obligated to provide.

 

You will no doubt be aware that while the documents requested remain outstanding under Section 78 of the Consumer Credit Act 1974, you and or your agents cannot seek to enforce the alleged debt against me.

 

Finally, I note that Link Fianancial Limited purchased the alleged debt from MBNA (Europe) Bank Limited in (insert date), and trust therefore that it has been formally assigned. Please can you provide me with documentary evidence of this purported assignment.

 

I look forward to hearing from you further

 

Yours sincerely,

 

Add love and kisses, if applicable.

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Firstly, never speak to a DCA on the phone;

especially Link Financial.

 

:

grrr.. she said i was making excuses as it was enforceable"

 

This wasn't Mrs Pearcey by any chance, was it?

 

i dont know who she was... she had an accent...

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No! No! not love and kisses has to be bananas and nuts just like the monkeys like.

Go to it, get them with their nappies down and watch them spit the dummies out and stamp their feet.

DG

Edited by diamondgirl
missed something out

I have no legal training my knowledge comes from my personal life experiences

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hi all, i sent letter first class recorded i think on the 6th..... havent had a response to letter, but just checked my messages, and they left one yesterday, didnt say who they were, but i googled number and it was them.... i know not to speak, but if they catch me on phone, i guess i just hang up? and wait for a letter... i just know they are pests, and have hubbys work number, so will no doubt try there maybe?... i did send a letter ages ago, the harrassment one saying not to call him at work...

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  • 3 months later...

hi all....

after a long pause, ive received a letter today from link, saying please find a confirmation of sale letter as requested.... repayment is due etc. The letter is on MBNA letter headed paper. One vital part missing i find is a sale date?... its got a default date, my address isnt all complete, so im guessing its a bit of a bottomless boat????......

 

appreciate any advice on where we go now. its my hub's account, and im currently in dispute with court's with another DCA, and i really cant let hubby go down same route as i have, it scares me senseless, and he isnt a well man to be honest, id fear for him....

 

thankyou x

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  • 3 months later...
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