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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 
      • 81 replies
    • 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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Pounds till Payday **


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Generally they don't but they are always capable. Wonga always make this threat. I have not seen anyone mention that they have had adverse info on their creditfile.

I suppose most people that borrow from these companies already have poor credit scores.

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Thanks, that does help! I'm just in the 3 years on from a default (from O2) which kinda put me on this path to the crappy lenders and if i ended up going back to stage one with another default then i would be distraught!

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Am also currently dealing with PTP and an overdue loan.

 

One individual, 'Gerry McGuire', has clearly been assigned my case and regularly calls my work, mobile and family members in complete disregard to OFT and DPA.

 

Sadly, I enjoy the conflict and relative ease of winding his Irish snarl into a rant. Best tactic is to get him to keep repeating what he's just said and throwing his insults, ie. 'you're a liar' back at him in true petty playground fashion. Ringing him a few times a day for a general chat is my next tactic and if he's not available leaving him messages to call back on premium rate numbers.

 

Just wanted to know if anyone else has had dealings with this parasite and how you go about reporting him on a more official level. As much as I enjoy my new friendship with 'Gerry', I can't see us lasting!

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He must work in the same office as "Gavin Armstrong" who is also a grade "A" c**k.

 

Had my letter from Clarity now so will be putting forward my proposal, as requested, via email (!) tomorrow....

 

 

Gavin :lol:

 

What a complete muppet that guy is! Very easy to rile!

 

You should change your numbers tbf. I changed my ones to a payg mobile and then left them too it. Enjoyed a bit of e-mail tennis with that mong Gavin as well haha!

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For the record not all of their people are awful, i can't remember the name of the lady who was dealing with mine but after an honest and open discussion of the options she essentially agreed that i would be better off letting it go to clarity (although she never specifically said those words) and made a note to just call me back just one day before it goes to clarity to see if anything has changed.

 

I think sometimes discussions with these guys can just go in a downward spiral with negativity feeding it from both sides...

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Do what I did to annoy these companies and believe me it works.

 

I got a mobile phone sim card that had never been used and advertised a 'massage parlour' in the free ads and the yeller etc using this sim cards number.

 

The best thing was that i then transferred all the calls to PTP's collections office.

 

I just really wish i could be in the office to see some of the phone calls they are getting.

 

REVENGE for them calling me numerous times per day. :)

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  • 2 weeks later...

Thats genius :) i may have to do the same. I was stuck on the 'merry-go-round' and had enough. I am waiting for PTP to pass the debt to clarity as they wont listen, accept, or acknowledge any proposal.:mad:

Shirley :lol:

 

LLoyds TSb- £750 **Won**

Abbey- £1308- Stay

RBS-£2038- now with FOS

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Result!

 

After following legal advice to complain to PTP customer support over their agent's blatant disregard for any of the OFT or DPA laws I have received confirmation from PTP that they will no longer be seeking recovery of my debt and will be investigating the agents in question.

 

It is apparent that PTP customer support and colleagues at Northway Financial are unaware of the illegal bully boy tactics or unwilling for them to be exposed.

 

My advice would be to record every phone call (where possible), save every threatening text and take statements from work colleagues or family members as to the information that was given to them by any PTP collection agent. Then cross reference this to the OFT and DPA laws (easily available online) to see how many have been breached.

 

Despite my grievances with this company, I have been impressed with the response from Northway Financial's head address. Good luck to anyone else currently dealing with PTP.

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"mr gavin armstrong" did i hear someone say i am currently going through harassment from him... he calles me everyday at work home and on my mobile. i have politely asked him not to contact me at work as i work in a nursing home and we are not allowed to accept personal calls at work but he doesnt listen he has continued this everyday for the last 3 weeks and it is becomming annoying. the only reason i didnt pay was because of an unexpected ves bill which i did explain to himself and hes having none of it my phone is full of voicemails stating "i have no balls" im female for gods sake!! "im a lier" even though i have told him the truth... i really dont get him he is making my life a complete misery... can anyone help me i have already complained to the company with no outcome at all..... could we say harrassment? or is he breeching anything? i would love to hear any suggestions thank you

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Hi lizzie - stick to your guns, he only gets to keep your account for a short while and then passes to Clarity who are fine to deal with.

 

Complain to OFT and send a copy to their head office, see cariads earlier post for their name.

Good luck and don't let him get you down -oh yes and keep those answer phone messages if you can.

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Hi Lizzie,

 

The address I made my complaint to was Northway Financial Corporation Ltd, Level 8, Plaza Commercial Centre, Bisazza Street, Silema, SLM 1640, Malta. I actually e-mailed them direct with my complaint though have mislaid the address (CC'ing a copy to PTP customer support). I'm sure someone on the forum will have it. They responded within 14 days after investigating my claims.

 

As has been stated here, it is really important that you save texts, voicemails and gather statements from colleagues if appropriate. Thankfully, I had done this, though was never asked to supply it to Northway. As was stated to me over the phone by PTP agents, 'we record every call', talk about shooting yourself in the foot.

 

On reading my contract, I realised that this company acted as a 'broker' (charging me a fee). My contract also stated nothing about waivering the right to call me at work or discuss my account with third parties. The OFT regs are clear and easy to interpretate. The breaches relevant to me included:

  • disclosing private information to a third party
  • causing public humiliation
  • not giving enough warning about a collection agent visiting my place of work (something they cannot do anyway and I had them for lying about this as well).

Clearly you can wait for Clarity to take over but unless something is done about this practice, we inevitably allow it to happen to many others after ourselves.

 

Stand strong Lizzie and good luck!

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Er all, have you CCA'd these guys? they have nothing on you. Its totally unenforceable.

 

I didn't pay them back at all. That wasn't the original intention btw but when I missed one month's payment they got really nasty and I was so horrifed at their antics that I decided to get nasty too. Long and short of it is I called their bluff and reported them to the financial ombudsman. never heard from them again.

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Apart from a couple of calls and 3 emails i have heard nothing from PTP. It's now been 6 weeks so i persume i will be hearing from clarity soon. Once i hear from Clarity i will CCA them.

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Hi ellie - a personal choice really. CAG does not advocate debt avoidance, however if they do not play by the rules and are offensive I tend to agree with you.

 

 

Yes, PTP are well known for their unacceptable behaviour (by UK legal standards). Being based overseas they can intimidate, bully, lie & cheat with impunity.

 

Eventually they give up and pass to Clarity who do have to abide by UK regs.

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Am also currently dealing with PTP and an overdue loan.

 

One individual, 'Gerry McGuire', has clearly been assigned my case and regularly calls my work, mobile and family members in complete disregard to OFT and DPA.

 

Sadly, I enjoy the conflict and relative ease of winding his Irish snarl into a rant. Best tactic is to get him to keep repeating what he's just said and throwing his insults, ie. 'you're a liar' back at him in true petty playground fashion. Ringing him a few times a day for a general chat is my next tactic and if he's not available leaving him messages to call back on premium rate numbers.

 

Just wanted to know if anyone else has had dealings with this parasite and how you go about reporting him on a more official level. As much as I enjoy my new friendship with 'Gerry', I can't see us lasting!

Gerry McGuire is a nasty person. He rang me on Monday and threatened to call me at work. I told him I was at work and could not take his call, (He rang on my mobile). The boss went out so I rang him back he called me a liar and I told him to shut up and listen I explained that the boss had gone out which was why I was able to return his call. I said I could not take calls at work and would ring him on my day off (Tuesday).

On tuesday I rang PTP and spoke to Angela I explained the situation and she has extended my loan till the end of July. I will be able to pay this then and will never deal with PTP or any other pay day loan company again

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Have included the contract (minus personal details) so that others may compare/offer advice on the legalities of the agreement and the common myth that an office in Malta gives them the right to do as they please.

 

Check out the highlighted areas, one which states that you agree to communicate by e-mail, I guess that means that under contract you are under no obligation to return any of their calls.

 

The terms and conditions of the credit agreement and the broker agreement are as follows:

1. The credit agreement is made between us, the creditor and you, the debtor named above on the terms set out above and below. The credit agreement comes

into force when it is signed and dated by the creditor.

2. The broker agreement is made between the broker and you, the debtor named above on the terms set out above and below. The broker agreement comes into

force when it is signed and dated by the broker.

3. The credit agreement has been introduced to the creditor by Northway Broker Ltd. trading as Pounds Till Payday, acting as your credit broker of Level 8 Suite, 3

Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta, whose e mail address is [email protected]

4. In the credit agreement and broker agreement reference to;

a. "The broker" means Northway Broker Ltd..

b. "Cancellation Event" means the date upon which you exercise your right to cancel under clause 10 below.

c. "E mail address" and "e mail addresses" shall be either or both of the e mail addresses specified in the agreement above and any change of e mail

address notified from time to time by either party to the other.

d. "The parties" mean the parties to the credit agreement and the broker agreement.

e. "Payment Date" means the payment date shown in the Key Financial Information section above.

f. "Payment Due" means the total amount payable shown in the Key Financial Information section above together with any sum due under clause 12

below.

g. "Your Account" means the account of a bank or other financial institution whose details (including debit card details) you have provided to us at the time

of your application or provide at a later time with a view to sufficient funds being deposited in that account by you to enable us to take the Payment Due

from you.

5. The credit agreement and broker agreement and all other communications between the parties are to be provided by way of electronic means (except where

provided otherwise by any statutory provision). By signing the credit agreement and the broker agreement you agree to

a. receive all communications from the creditor and broker and to send all communications to them by electronic mail at the e mail addresses notified.

b. notify the creditor immediately in the event that you

i. Change your e mail address (in which case you must notify us of your new e mail address),

ii. No longer have an e mail address or have no means of receiving any electronic mail from the creditor.

6. You agree to pay to the creditor the Payment Due on the Payment Date. You authorise the creditor to take from your account at any time on or after the

Payment Date the Payment Due (or, at the creditor's discretion, any part of the payment due).

7. The fee payable to the Broker will be collected by the creditor from the payment due on the Payment Date.

8. All sums owed under the credit agreement shall become due and payable immediately upon the creditor giving you notice if

a. you have provided the creditor or broker with any false information when you entered into the credit or broker agreement, or

b. a statutory demand is served on you or any other steps are taken by you or any person to make you bankrupt, or.

c. The events in clause 5 b) ii above occur

9. You must inform the creditor in writing within fourteen days of any change of name, postal address, job or any other circumstances relating to your ability to

discharge you liability under the credit agreement.

10. You have a right to cancel the credit agreement within 14 days commencing on the day after the creditor gives you the loan. If you wish to cancel the credit

agreement you can do so by the following means

a. By sending a notice to the creditor in writing at Level 8 Suite, 3 Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old

Down Business Park, Emborough, Radstock BA3 4FG, UK. If you send a notice by post, then your notice will be taken to have been given on the day it

was posted.

b. By leaving the notice at Level 8 Suite 3, Plaza Commercial Centre, Bisazza Street, Sliema, SLM15 Malta or Suite 39, Unit 4, Old Down Business Park,

Emborough, Radstock BA3 4FG, UK

c. By sending a notice to the creditor by electronic e mail at [email protected]

d. By sending the creditor a notice by fax at 08000 66 45 27

11. If you decide to cancel the credit agreement you will have to repay to the creditor as soon as possible and in any event within a period not exceeding 30 days

from the day of the cancellation event

a. (subject to b) below) the total of the following:

i. the amount of credit stated above, plus

ii. 50% of the loan fee and

iii. 50% of the broker fee (which the creditor shall collect on behalf of the broker).

b. the total amount payable, where the sums referred to in clause 11 a) above are not repaid by the payment date.

The creditor shall notify you of the amount payable by you under this section upon receipt of your cancellation notice.

12. You may also be liable for any other reasonable costs and charges that we incur or pay to a third party, including collection agency fees and legal costs which

arise out of your breach of the credit agreement and any costs we may incur if we have to trace you. Such costs or charges will be payable by you upon demand

being made by the creditor.

13. The "creditor" shall include any successors in title or assignees of the creditor. The creditor may transfer its rights and responsibilities under the credit

agreement (in whole or in part) to another person or may appoint any third party as agent to take any steps on its behalf to recover any payment due under the

credit agreement.

14. The credit agreement and the broker agreement are governed by English Law

15. The creditor is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is

574990

16. The broker is licenced by the Office of Fair Trading of Craven House, 40 Uxbridge Road, Ealing, London W5 2BS. Our consumer credit licence number is

574988

17. Both the creditor and the broker are members of the Consumer Credit Trade Association (CCTA) and subscribe to its code of conduct. The CCTA operates a

reconciliation service and arbitration scheme for customers who cannot resolve a complaint with member firms. You will be given details of this scheme if any

complaint you may have cannot be resolved.

18. All terms and conditions, correspondence and any communication from the creditor or the broker will be in English.

19. You should be aware of the possibility that other taxes or costs may exist in addition to the sums referred to in the credit or broker agreement which are not a

condition of the loan or broker agreement or imposed by the creditor or broker.

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