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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • 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
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CitiBank, no CCA forthcoming.


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Mee too. Having heard nothing from Citi in over a year other than via Clarity I was surprised when I got a package from City entitled "Your Credit Agreement Request". This is the same as Allets has shown above. Glad to see that I've not been singled out!

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  • 2 weeks later...

Did anyone else get a follow up lettter? I have a letter stating that because they have satisfied my request they are closing my complaint!

 

I responded to their previous letter stating in no uncertain terms that I did not consider that they have satisfied my request and so I'm wondering if I am alone here or if others got the same letter as before?

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Did anyone else get a follow up lettter? I have a letter stating that because they have satisfied my request they are closing my complaint!

 

I responded to their previous letter stating in no uncertain terms that I did not consider that they have satisfied my request and so I'm wondering if I am alone here or if others got the same letter as before?

 

I did not think that their pile of poo was worth a stamp in reply so I filed it under ignore. I have not heard a peep since.

 

I think replying to every letter they send is pointless unless it raises something new. They know damn well what the law is - they are hoping you don't.

 

'No further correspondence will be entered into' is one of their favourite phrases. Take it literally!

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Hi,

Now subbing to your thread Allets.

 

Not familiar with Citi but after requesting CCA for my OH which is now overdue, they have written advising that they are transferring ownership to CC Asset Management Ltd (CCAM)

 

was that sent recorded delivery or just ordinary post?

 

if the latter then i would file and ignore it

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For what it is worth I never ignore their letters, well apart from the obvious crap that they spill out, I reply in detail at first and in each subsequent letter I refer to my previous letters by date. I know that this frustrates the hell out of them when you eventually get someone who notices, something like "I refer you to my letters of xx/xx/xxxx, yy/yy/yyyy, and zz/zz/zzzz from which your should by now fully appreciate why I consider this matter to be in dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment and I am not obliged to offer any payment to you. etc., etc."

 

When they reply they invariably want to know chapter and verse and when you just keep referring them back the letters you previously wrote which no one can find it highlights how inept they are.

 

If the matter ever came to court i would use this to my advantage whereas failing to respond I think could be frowned upon.

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Good afternoon, Mrs Z here,

 

Mr Z has received the exact same documents as the OP but sent from a DCA and not Citi.

 

In their covering letter they quote The Consumer Credit ( Cancellation Notices and copies of Documents) Regulations 1983. They go on to say and I quote:

 

Pursuant to these regulations, we are required to provide you with a 'true copy' of the agreement. Specifically I would refer you to Regulation 3 (2) which states that the agreement is not required to be an exact replica of the original document but may omit certain information including any signature box, signature, or date of signature.

 

They finish with:

 

We consider that this document fulfils our legal requirement and that this debt is now enforcable.

 

Enron, your view on how to proceed would be much appreciated.

 

Kind Regards

 

Mrs Z :)

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Will PM you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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We consider that this document fulfils our legal requirement and that this debt is now enforcable.

 

 

Enron will give good advice on how to respond but just to say that they can give their opinion that this debt is now enforceable but only a court can determine it Yay or nay. Just because they would like it to be so doesnt mean it is :-D

 

S.

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At the end of the day we are all lay advisers on these issues, just that some of us have more experience in dealing with these kind of situations than others.

 

Ultimately what you decided to do is up to you.

 

With reference to what steps to take, we all have asked for copies of the executed agreements, not to escape any liability, but to judge whether the paperwork is properly compliant. In light of being able to scrutinise a copy of the "executed agreement" we can then judge whether it is legally enforceable, and then negotiate with the creditor post this event.

 

But the fact is that Citi have played fast and lose with the facts, to the extent of breaking their own internal code of conduct, getting a copy of an actual "executed agreement" has been like getting blood out of a stone. Even parties to who they sold accounts don't possess copies -- which does bring up the question of right to process data with the CRAs.

 

My feeling is that prior to 2006 Citi had a process of only retaining copies of the front of executed agreements, to the exclusion of keeping a copy of the back...... and this is the reason for all the fun and games. Without the original, they would have to have a very persuasive arguement to how front and back of copied executed agreements related to one another. i.e. were they truely a genuine copy, and not a conjectured reconstruction.

 

And if you were to be threatened with legal action, there would automatically be the option for you to submit a CPR request to view the original executed agreement -- which would clear any doubt in the matter.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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All current Citi Card holders would have received the same letter, it looks as if all their UK accounts have been sold to a third party.

 

Once the transfer has happened, time to do your s78(1) CCA request again and see what turns up.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Yes ltc, quite a few of us have, it seems they have done a bulk sale.

 

There are some links on my OH's thread, only just started with them so the account would have been up to date when ours was sold (never missed a payment either)

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Don't know whether it is just here, or in other countries that the accounts have been sold.

 

But believe me, I think Citi have lots of problems with their documentation -- hence why for the past 3-4 years all that is being sent our are copies of Terms & Conditions. Essentially they've sold the accounts on, and the problem of not retaining full and true copies of executed agreements onto a third party.

 

Still once the transfer has gone through, time to submit those s78(1) CCA requests again.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks for that but am I right in saying the account should not be sold if it is in dispute?

Yes, that is also my understanding. I think that is why they are trying to suggest they have complied and put to rest any dispute.

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Ah, how looking at your heart icon I've left wondering just what you said that was removed. Was it the wrong thread or the wrong forum? Did you mean to post into one of those dating sites? If so, you could have left the comment and really got us all talking!

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  • 4 weeks later...

Hi all has anyone else had problems with CITI cards not sihning for recorded delivery at the PO Box 49920 address as it could be the reason nobody hears from CITI just had a conversation with Post Office as I have sent 3 recorded and none signed for the Post Office say a lot of them will not take recorded delivery.

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