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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
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    • 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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Very strange behaviour from MBNA


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Hi Hussy786,

 

I'd guess that the letter is yet another of their standard letters that the system keeps churning out and that if you are lucky another department will be dealing with your CCA.

 

As you know my CCA requests were simply ignored and looking through my own case it struck me that they have a well oiled machine that auto dials your phone number and sends begging letters but no such efficiency at dealing with any real communication.

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The whole phone call bit is very strange. If you refer to my thread http://www.consumeractiongroup.co.uk/forum/general-debt-issues/203269-introduction-background-my-debts.html you will see that I resorted to sending high pitched feedback down the line and that seemed to work.

 

Ever since they defaulted my accounts the calls have stopped.

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Hi,

 

As I understand it there are a number of cases which are going before a senior judge soon which IMHO should reinforce the current situation.

 

I believe that MBNA has made a commercial decision not to store documents in the past and that it is now coming back to bite them!

 

Whenever a creditor makes an offer of a significant discount, in its first threatogram, I am minded that they are aware they are on a hiding to nothing.

 

My attitude is now to refuse to pass security and to say "I am happy to discuss anything you wish with a judge only - take me to court if you believe that you have any chance of success!"

 

As yet no one has taken up the offer.

 

GK

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Your approach is admerable GamekeeperToPoacher but in the meantime a default sits on the account.

 

I have just been turned down for a job. It was a senior post and both interviews went exceptionally well, the latter of which lasted half a day. I'm of the opinion that if they ran a credit check they would be deeply conserned with my report.

 

That is why I'm trying to have the defaults removed even if that does mean I have to restore some sort of payment plan.

 

In this case however MBNA have failed to show any evidence that an Agreement exists between us and therefore should not have sold it on.

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Hi all

 

I have received the leter from Optima Legal threatingning they are acting on behalf of their client (MBNA) and if I donot sort the issue with MBNA they will get a charge order against me.

I am advised by them to contact immediately to MBNA and sort the issue ASAP for my convienance they have printed on back of their letter income/expenditure form.

They also said no need to contact them (Optima Legal) direct but to contact MBNA.

This morning i received a letter of MBNA trying to help and pay the balance (which is half now ) in 3 months etc otherwise legal action etc.

Please advise as I am completely baffled .

please help what should I do (got no money to pay them as laid of from job as well ).

Help

Hussy

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hehe Optima again DO NOT WORRY ABOUT THEM go to search above type in Help go to my thread and read from page 65 PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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it is most important that u now file safely every document from optima i would also scan to PC and store on photobucket.com

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Hi Hussy786, as a general rule of thumb I'd resist giving collection agents any information because whatever you do they will undoubtedly use it against you at some time. For example you refer to a charging order; well by giving income/expenditure you might be asked to enclose a wage slip and in so doing tell them exactly where they need to go to attach your wages!

 

Either reply stating why you are not paying or reply referring them back to their client who you may have previously given details to. Make them work to get any data out of you and be cautious with whatever you offer.

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optima are not a debt collecter they are solicitors bankrolled by a very big PLC namely Capita

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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indeed specially reguarding income none of there business but i was trying to make u aware of the company u are dealing with because they will start court proceedings

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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going by part cases and my own they will after 3 letter demands but do not worry they usually make a balls up of the litigation hence why i said arm yourself with the info on my thread

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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as i said before from page 65 very useful

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Does anyone know anything about the scanning process??

 

Would they have scanned the front and back of the application form simultaneously??

 

Your agreement Coactum is similar to mine in that the back appears to be a "flipped" copy of the front. Look at the black edge along the bottom.

 

Unless these were scanned simultaneously, then you wouldn't expect them to be at exactly the same angle, would you??

 

I've also read somewhere about a company employee admitting that they only scanned the fronts (don't think it was MBNA though) but that seems logical to me. I don't think they would ever have dreamt of the day when consumers such as us started challenging their agreements!!

 

It would also be useful to know if they have any image editing software in their offices such as Photoshop!!

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I think you have a very valid point WelshMam2009 insofar as they probably only scan the front cover. To be frank I'd probably do the same. The data that changes is what you want to save every time all the standard stuff is the same for everyone so why bother scanning over and over. Mind you all it takes is for one of their staff to say they were scanned at the same time and we would have a devil of a job to prove otherwise!

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I think you have a very valid point WelshMam2009 insofar as they probably only scan the front cover. To be frank I'd probably do the same. The data that changes is what you want to save every time all the standard stuff is the same for everyone so why bother scanning over and over. Mind you all it takes is for one of their staff to say they were scanned at the same time and we would have a devil of a job to prove otherwise!

 

Agreed, but they would also have to prove that such technology (duplex scanners??) both existed and were used.

 

I'm not saying that they didn't, because I honestly don't know. But bearing in mind a lot of these agreements are up to 15 years old, I have my doubts!! ;)

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

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  • 2 weeks later...
Hi blueotter, I have nothing to report. All has gone very quite. Somehow I suspect this is the lull before the storm!

 

 

I have to add here that things have gone totally silent for me for weeks and weeks as well. Wonder if they're in a phase of seeking further legal advice?

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