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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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CapQuest and Threatened SD


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Hello All,

I started a new thread on the 26th June stating that CapQuest are about to issue me with a SD. However, please take a look at my Cedit Rating Report issued today:

 

Equifax Credit Rating™

Your Score: 427

 

This reflects that: You have a score of 427. Your score is highly predictive that you would be a good candidate for credit. You are above the average for UK borrowers. Most credit grantors would consider this score good. While many factors other than your score influence the decision to grant credit, you will probably not be turned down for loans based on your score alone. Review the Risk Signals below to identify areas that may be negatively impacting your score. Find out more about .

Risk Signals

This is how you perform in each of the key areas considered when extending credit.

Clicking on the linked terms or rating indicators will give you a brief description of each of the categories and more information related to your current status.

Rating Category Rating

Satisfactory

i

Satisfactory

i

Satisfactory

 

Satisfactory

 

 

Back to TopCredit Agreement

 

 

Equifax holds information from credit providers and other lenders, including details of existing and previous credit agreements and historical information about the repayment of these agreements. This information is one of the best ways for a lender to assess whether any future credit repayments are likely to be made on time. Lenders update and supply this information to Equifax on a monthly basis. You may find that not all the credit accounts you have with lenders are necessarily shown on your credit report. Some lenders only provide Equifax with credit accounts on their customers who have failed to pay their credit on time. The status of these accounts is normally 3 or more months in arrears. However, most lenders provide Equifax with information on all their customers accounts, irrespective of the status of the accounts.

Good

You have 4 active accounts and no settled accounts on file at your current address. Credit grantors prefer that you have at least one or two accounts as part of your credit profile. Active accounts are preferred to settled accounts.

Excellent

Your oldest account is 8 or more years old. Credit grantors prefer to see accounts opened at least 3 years.

Excellent You have no derogatory items in your payment history.

Excellent All payments on your accounts are up to date.

Excellent

Credit reference agencies are receiving periodic updates from your credit grantor(s) that reflect you have made payments on time in the past.

Excellent

You have no defaults. Back to TopElectoral Roll

 

Good

You are presently shown as registered on the Electoral Roll. You've been registered at your current address for 28 years. This is looked upon favourably by credit grantors.

Back to TopSearches

 

About Searches

Excellent

You have had 0 search(es) for credit in the last six months. Credit grantors view more

than one or two searches within six months unfavourably. Please review the section of your credit report entitled Previous Searches. For more information about credit searches and what you can do about them, click here.

Back to TopCourt Information

About Court Information

 

Excellent

You have no information by your credit report that indicates a Court Judgment or other public record information such as a bankruptcy in your name. Credit grantors view this favourably.

Important Notice:

Much of the information provided by this service is obtained by Equifax Pic from third parties and includes publicly available information. It is important that you carefully review the information presented as it could have a bearing on your ability to obtain credit

or indicate the possibility of fraud. If you believe there is information on your report that is incorrect, you may wish to contact the financial company or public register directly to correct the information or you may wish to contact Equifax and begin the formal process to correct or dispute the information. To contact Equifax

 

Now, with a 'near to perfect' CR as this, how can anyone even begin to try and issue a SD? I am of the opinion that CapQuest are trying to be clever (which has a probability of zero). Also, as they have not replied to my CCA request (twice), I am now about to crucify them. I have a Ph.D and I am not stupid and I do know what I am doing.

Watch this space!

[sIGPIC][/sIGPIC]

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Hi, I have been following many forums regarding Capquest.They started contacting me with the ploy that I should contact what they called the telegram office. From there they have been threatening me with all sorts of action. I have lived in Spain for seven and a half years so any debt (which I deny anyway) would be statute barred. They arrived at the discision that if I pay half they would not apply for bankrupcy. I sent them a letter which I copied from a tremplate asking for documentation of the debt. The last communication was 6 wekks ago when they said they would supply this within 28 days. This has not happened. Now my question is shoul I now harras them by sending the following letter and follow it through until I get written conformation that this is statute barred.

 

 

 

Dear Sir/Madam

 

I do not acknowledge ANY alleged debt to your company. I require you to supply the following documentation before I will communicate further on this matter.

 

1. You must supply me with a true and signed copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for rolling sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number *******

 

2. If this alleged debt has been sold to you (eg for a debt collection agency), please supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

4. Non-compliance with my request will result in a report being submitted to the relevant statutory authorities.

 

5. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

6. Furthermore you are reminded that under s78 sub section (6) whilst the default continues you are not entitled to enforce the agreement in law.

 

 

Yours faithfully

 

I would love to push this but should I let sleeping dogs lie.

Dennis

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I personally would send the letter but thats just my opinion.

 

Also put a para in about only communicating in writing.

 

Its up to them to prove that you owe anything. Also make sure you mention that the £1 is only for their expenses in producing the document required and must not be used as any form of payment on that account.

If they put it against the account as payment they can say you've made a payment thus acknowledging the debt.

 

DG

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

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i think is MUST be a postal order, as they will have a copy of your signature on a cheque, i think you should mention in the body of the letter you send that the postal order is for the cost of producing the document and NOT for payment towards any elleged debt.

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as far as i'm aware, if you have applied for the CCA after 12 + 2 days they haven't got a leg to stand on anyway, plus it's statute barred so just ignore any requests for payment and make sure you don't write anything that could implicate an acknowledgement. be interesting to see their response haha.

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That's life! Well to start with a new thread should have been started.

And as far as 'That's Life' is concerned, this is it. I am in the process of registering my own DCA-But with a difference. Once the research has been competed, the DCA will purchase debts but offer them to the debtor at the purchase price. This is why the DCA will be registered as a Charity.

Now please do not be flippant with me. Do people here need help or not.

 

Dr. B

[sIGPIC][/sIGPIC]

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