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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
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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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JD Williams aka shoe tailor


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Hi Carol I am in a similar situation with The Shoetailor although I have been 'forwarded' to their DCA Reliable Collections Ltd. because I defaulted on a few payments. I to was concerned with the level of charges they were adding to my account I sent off a letter of complaint last year requesting a signed credit agreement as I was advised to do so. I recieved a very similar letter to yours saying that they do not have a signed credit agreement but they do not need one, and all the blah de blah about credit reference etc. should I choose not to continue making payments.

 

I too like you have a bad credit score so another one on top will not have that much of an impact on me but this something that I would 'eventually' like to clear, so I didn't think I was being unreasonable when I sent back a letter requesting that should they take off all the charges I would be willing to pay for the goods that I have purchased (my balance at date is £1469.15, of which I estimate £200.00 is purchases). Alas I was told because I had a credit account for so many years they were not willing to do this (probably because counting payments that I have made I have paid for my goods and then some!) BUT they were willing to halve my balance if I was to maintain regular payments of £10 per month. I agreed to this and started making payments again, however they have not halved my balance and so are not keeping to the agreement that they set.

 

I was thinking of re-claiming back my charges, and hopefully clearing this matter once and for all, but after reading through your posts....is it worth even trying.

 

I shall be following your posts with interest any new info you can give will be gratefully recieved.

 

Marie

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Hi

 

Thanks for taking an interest in this.

 

I thought long and hard about my financial situation over christmas and decided I would not longer let these financial institutions get away with making all these charges against me.

 

I therefore wrote to Shoe Tailor yesterday and await their comments. If they fail to comment or disagree with my letter then I intend taking them to Court.

 

This is what I wrote

 

Dear Sirs,

Customer

Your Ref:

Thank you for your letter of the 30th October 2006.

Whilst I am in agreement that you are not in a position to enforce the debt, I do not agree that this debt should not be paid. I am fully prepared to pay any money that is due to you for the goods received by me but I am not prepared to pay unreasonable illegal charges added to the account.

Therefore if you remove the agreed unreasonable illegal charges plus the interest I will then be in a position to consider making payment.

Yours faithfully,

 

Lets see what they have to say!

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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Good for you Carol. You sound much more positive. Go for it! It's also nice to see someone not trying to abuse the system and wriggle out of paying what they owe.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It is good that you are taking a stand against this company, the letter you have wrote is very similar to one that I sent them - in my case they refused my offer to pay for goods if they removed all charges, I hope you have more luck. I have received another statement today and with it comes ANOTHER £50.00 admin. and credit charge!!! My balance now stands at over £1500, I have decided to proceed with the reclaiming charges route and hopefully if I am successful this will wipe out most - if not all of this debt, I will be posting my S.A.R today and will keep you posted of all developments.

 

Best wishes, Marie.

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Go for it Marie. If you start your own thread we can follow your progress and hopefully offer you some support and/or advice too if you need it.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have spent a few hours reading through different posts today relating to credit agreements and so forth, and am now thinking would it be best to claim back charges OR as in cases like myself and Carol's were there is no signed credit agreement available and therefore no enforceable debt, ask for the account to be closed with no more payments being made and if 'I am right' we could actually request that all payments that have been made be returned. This would still leave the problem of removing any defaults which I have yet to revise.

 

Any thought's would be appreciated on this matter.

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  • 2 weeks later...

I will not be asking for any money to be paid back to me in the event of them not providing a copy of the signed agreement. I am prepared to pay what is legally due but I am not prepared to pay for unreasonable and illegal charges.

 

I have heard nothing since my last letter. In this case I will be sending them another letter tomorrow stating they have seven days to reply and their failure to respond WILL be brought to the attention of the Court.

 

Carol

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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Well done Carol. Keep the momentum going. Just one small point though, is that technically the charges are unlawful, not illegal.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sent letter stating that as they had not responded to my letter I was now giving them 7 days to respond failing which legal proceedings will be issued without further notice and may result in them paying court charges.

 

Noted what you say caro

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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  • 2 weeks later...

I have received two letters today regarding this.

 

One from Shoe Tailor stating "In order to resolve this matter and without prejudice to liability we would accept £500 in a one off payment for full and final settlement of the account".

 

The second letter is from Moorcroft Debt Recovery Ltd stating "We have been instructed by The Shoe Tailor" to collevt your overdue debt of £1167.55..............."

 

They are sending me notice of Intended Litigation before legal proceedings in the County Court.

 

My thoughts are "Bring it on!!!!!" It saves me issuing. I will simply counterclaim

 

They are giving me until 10 am on 14th February to contact them

 

Any thoughts!!!!!

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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Can anyone suggest a letter I can send to both the Debt Company nd Shoe Tailor

 

I reckon I owe there is around £400 in charges so I think I must owe them around £700

 

If I had £500 spare I would send it to them but I dont and would have to continue paying them at the original agreed figure of £5 per month but only by Standing Order

A&L debt due £873.36

Studio Cards £851.54

Shoe Tailor £1137.96 and rising monthly

Capital One ?

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  • 2 weeks later...

I have been reading this thread with interest regarding how far back they hold their records. I believe the Information Commissioners Office talk of a reasonable period without being specific and its up to the data controller to decide.

 

However, the data controller must also be mindful of legal duties regarding documents and if there is a requirement to hold them longer then so be it.

 

I had a look on Google and found this publication - It doesn't explain what laws but it does give an in depth guide into the retention periods for all forms of documentation in a company...

 

http://www.ironmountain.co.uk/resource/practices/retentionguide.pdf

 

VERY interesting, it seems to be 6 years. Could be for tax and credit lending laws. But I'm sure it is recommended precisely because of the statute of limitations.

 

Here is another one that gives even more detail:

 

http://www.filestreamsystems.co.uk/images/dmlegalimplicationsaug04.PDF

 

Sorry I am writing about them as I find them :-)

 

It could be well worth pointing out that the FSA (to which they hold a licence) and the OFT may well be interested in their lack of professional management of their financial records as indeed would HMC&E :-)

 

Worth a try? :D

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  • 2 weeks later...

If you are still with JDW and they are sending statements etc to you they know full well who you are so why do they need ID? They know full well who you are, and the 40 days started when they received your tenner. You can either fill in their form or just point out they don't need your ID.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thanks caro l have started my own thread for this elliesnan v jd williams and kays l yhink l will fill in part of it but the witness part l shall point out that l am currently a customer so they know full well who l am

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