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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
      • 160 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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Help wanted Marbles.com


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use the pdf method

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

ok herew is full update and an SOS for Letter to send to Capquest.

 

ok account was on hold until following letter arrived which included copies of letter from post 9 and 10

http://img192.imageshack.us/i/capquestlettergmarch201.jpg/

 

then I recive the following

 

http://img683.imageshack.us/i/21stapr.jpg/

 

followed by the next threat taking me to court LBA

http://img19.imageshack.us/i/13thmaymarbles.jpg/

 

and today i receive a notification of statatory demand need a letter to counter with as the copy of letter sent from marbles is older than my last corespondence from them thanks

http://img19.imageshack.us/i/13thmaymarbles.jpg/

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Hi Gaza,

Well they really are getting desperate aren't they? First threatening a CCJ and then threatening a Stat Demand. Just so you don't panic too much, Capquest are renowned for doing this to scare you into paying, then not following through.

The way this account has been (mis) managed is horrendous. Shambolic.

You really need to get your teeth into it once and for all, to sort it out.

 

A couple of questions before we sort a letter out:

Did you get a response from the FOS? If not, why not and if so, what was it?

Did you send a Subject Access Request to the original company? I suspect not as it's not been mentioned since.

Thing is, if you want to put this to bed, YOU MUST SAR THEM.

 

Please, please send a SAR to BOTH the original company AND Marbles. It will cost you £10 each, unfortunately, but you urgently need this information. Do it ASAP. There's a link to the SAR template letter in my blog linked below.

 

You should also report this bunch to the OFT for using multiple unsubstantiated legal threats as a debt collection tool. Bankruptcy threats for just over a grand on a long term disputed debt with an admission of no CCA. Preposterous! We'll help you with that letter too. I think they fall foul of CPUTR too, in making threats they cannot legally fulfil.

 

I'll be back when you've answered the questions,

again, don't panic, they're just trying it on, but nonetheless need their @sses kicking once and for all.

 

Elsa x

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Thanks for linking Elsa.

I have subbed to this thread so that when (if) CQ do issue the SD, I can then add it to my list

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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thanks for looking here are answers to questions.

 

1. no answer from FOS

2. was addvised against need to sar companies as they stat no CCA HELD will now if need to, and do i send one to hfc and another to marbles(avimore finance Halifax)

3. should i send cca request to capquest or wait.

4 have recontacted oft this morning about harrasment and have been given email to respond too, told they are building file on capquest thanks all

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follow post 71

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

:-) Thanks Dx

 

I don't see the need to send another CCA Request to Crapquest...the original one is still in default. This lot just keep calling a spade a trowel in the hope that eventually you'll buy it.

 

I'd send them something on the lines of:

 

 

Re Account Number

Dear Sirs,

I note that you have, within two weeks of each other, issued both a Letter Before Action re a County Court Claim and a notice that you intend to issue a Statutory Demand in respect of the above account.

In all honesty I am appalled at the way this matter has been conducted throughout, since the assignment of the debt from HFC.

Up to that point I had a satisfactory repayment arrangement, sans interest, which I kept to and as a result the debt was reducing. However there were unfair charges on that account and possibly missold PPI which together with interest will largely negate this debt.

Upon assignment to Marbles, a catalogue of errors ensued, included loss of payments, refusal to honour my earlier repayment plan, reintroduction of interest and charges, and obfuscation whenever I tried to obtain precise details of payments and the accurate balance owed.

For this reason I submitted a request for a copy of the original agreement under Section 77-79 of the Consumer Credit Act 1974, as I had no way of knowing whether the terms of the agreement were being adhered to and the correct interest rates applied.

All I received in response was a reconstruction of Marbles current terms and conditions and a brief statement of account.

As I'm sure you will be aware (certainly a judge would) this does not, despite Marbles' assertions, comprise a satisfactory response to my request. Before you quote Carey at me, I will do so first and point out that where an agreement has been varied then a copy of the ORIGINAL agreement, terms and conditions must also be supplied.

Bearing in mind that the original agreement referenced above was with HFC Bank, I hardly see how a generic current Marbles reconstruction would bear any resemblance.

I would remind you also that Marbles have confirmed in writing that they are unable to locate a copy of the original agreement.

Bearing the above in mind, I find your threats of legal action and assertions of what will happen once you obtain judgement to be unfounded threats calculated to harrass and bully me into making payments under duress. I refer you to the requirements of CPUTR 2008 in this respect.

Certainly, I am aware that the OFT is actively monitoring the indiscriminate use of Statutory Demands as debt collection tools, and I am currently in communication with them in respect of this matter.

 

Should you proceed with your threat to issue a Statutory Demand on this disputed debt, it will be strongly contested and an application made for it to be set aside. At this point you will be required to produce all the vital documentation which has so far so consistently been withheld from me. I will also be eligible to claim for costs against you.

 

I therefore respectfully suggest that you refer back to your clients for a review of the way this account has/will be handled.

 

 

Can others please check this...any suggestions for edits/additions welcome.

Once it's OK'd, send it recorded to Capquest.

And send those SARS :razz:

 

Elsa x

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