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    • 12mph (beyond any UK limit) will certainly qualify for a Fixed Penalty. So you should received an offer of a FP for each of the remaining two offences. Be sure to submit your licence details as instructed when you accept the offer. If you don't your £100 will be returned to you and the police will prosecute you in court.
    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Under siege from collection agencies


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Hi there - my first post and not my happiest! If I may explain my situation.

 

My financial situation has suddenly taken a turn for the worst and I find myself unable to keep up repayments on my six credit cards.

 

I took advice from CAB and wrote a holding letter to all my creditors including my bank to ask them to fill out the CAB creditors questionnaire and send back the original credit agreement that I have with them. Only AMEX returned the form and noone the credit agreement. I sent another letter requesting the Credit agreement a week letter and nothing.

 

A couple of weeks later and after counsultation with CAB I prepared my financial statement and an offer of repayment - this was sent a week ago.

 

I have had nothing back from them as yet but plenty of calls from RMA/Mercers and Newman and Co.

 

I have managed to explain the situation to RMA and Mercers for MBNA and Barclaycard and they are holding off for the minute but Newman and Co have sent me a letter with a referral fee of over £1100 stating this was as detailed in the original credit agreement which was nine years ago.

 

I have written back to them ( I will not talk to them as they do not listen and have the bedside manner of a charging rhino) to explain that I have been following procedure and cannot agree payments until I have replies from all my creditors.

 

The CAB have been very helpful but I find myself in receipt of endless letters, default letters, collection agency threats on an almost daily basis and its wearing me down.

 

Can anyone bring their experience to bear on this and advise me on whether I am doing the right thing or not?

 

Thanks very much

 

GIB

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Hi Giveitblackmore

Welcome to CAG :)

When you requested copies of the consumer credit agreements, did you make it a formal request under the Consumer Credit Act 1974, and enclose a PO for £1 with each request etc?

Is so, and they did not provide a valid signed docyument, then after 12 + 2 days you could legally have withheld payment until they did comply.

Have a look at our CCA template letter here and let us know if that's similar to what you sent.

Elsa xx

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Hi,

Right, you need to send one to each Credit Card or Loan Account. Don't give them your signature (they can get creative!) just send a PO, not cheque, for £1 with each and print your name on the letter .

Send recorded delivery and keep all the receipts as proof.

This is where you'll need to get really organised and write down on each receipt which account it relates to.

Start a folder with sections for each account and start keeping all correspondence (only deal with them in writing from now on).

Once the 12 +2 days has passed you can choose to withhold payment legally if you wish. (That's your choice) until they do. Send the requests to whoever is chasing you for the money at the moment, to make them prove they have the right to collect the debt.

This should give you some breathing space.

Congratulations on taking control :)

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Hi. I was in exactly the same position as you about 3 years ago. All my balances were being passed to the likes of Mercers and Newman & Co, but unlike you I did not have the sense to find this place! I could have saved thousands, and I mean thousands, if only I had known about things like CCA and SARs. Please listen to the advice given here and ask as many questions as it takes to sort things out, because believe me you really will be able to get things under control on your terms. It will take a bit of nerve to stand up to these DCAs and their tactics, but trust me when I say that you can when armed with the right information.

 

Please don't panic (easier said than done, I know) but you have taken a massive step in the right direction. You have already done the right thing by only communicating in writing. It doesn't guarantee that they won't still try to harrass you by 'phone, but it does mean that you have more of a leg to stand on if you want to then do them for harrassment.

 

Good luck. The people on here are an absolute mine of information and, when armend with information you will begin to find you have power :D

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It will also help if you look through your own old paperwork and try to find any letters from the original company headed Default Notice Under the Consumer Credit Act 1974 etc (plus envelopes they came in if still there) and any letters terminating the accounts. (If they didn't follow the rules re the Default Notice it's quite a strong card up your sleeve)

You'll need to start a seperate thread for each account once you start getting replies, to avoid confusion.

When you do, I'd recommend starting them in the debt industry forum HERE .

Anything else you need to know, just shout :)

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Hi giveitblackmore- I was also in the same situation as youself 3 years ago. CAG quite literally turned my life around. All my CC companies and their DCAs ran away screaming in the end.

 

Then I started to chase them for charges etc...

 

I suprised myself how ruthless, calculating and vindictive I could become...:D

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Hi guys and again thank you so much for the advice you have given already.

 

I have sent off letters recorded delivery as recommended - I am continuing to be chased on the phone but am ignoring this.

 

Couple of things

 

Firstly I have had no responses from any of my creditors to my offer of payment sent two weeks ago - other than continued letters of default, statements etc.

 

Interestingly enough and independently of the latest letters I have just sent I have received today two of the original CCA's from MBNA and Nat West cards and a letter from American express saying that the CCA was enclosed but it wasnt!

 

Mercers are sending nasty nasty letters on behalf of AMEX threatening court action unless I settle the whole sum - this doesnt scare me but it is a bit confusing as to who to write to and how long all this will be held off as tey continue to ignore my letters!

 

If and when I get the CCA's or responses ot my offer of payment - what next?

 

What happens if I dont get a reply to my offers of payment - can they carry on and action their threats?

 

 

Thanks

 

GIB

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Just send to whoever is chasing you for each one at the moment.

 

Another thing..are there likely to be unfair charges on these accounts eg overlimit fees etc? If so we can keep that as a backup plan for those that do manage to find the agreements

 

Hi Elsa - yes there are over limit fees on a number of these accounts

 

 

GIB

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  • 1 month later...
I sent account in dispute letters last week - still being hounded to death although ignoring all non written communication - in light of recent posts about CCA tactics - do I just hold tight and wait to see what their responses are?

 

Ta

 

GIB

 

 

Ok It's paper trail time....... you will need an A4 ringbinder and dividers as your going to start accumalating lots of paer ( evidence) which will hopefully secure your exit from these issues...

 

Right you have sent the account in dispute letters, good, that at least will hold off all enforcement untill proof is provided.

Now send them another letter stating that they do not have your permission to contact you in any way unless it is in writing, this will then go into your shiny new file....

 

Next send out the SAR and do not sign them whatever you do, signatures can be cut/pasted the same as pictures to show you signed something when you didn't !

Sit back and wait for the return of all SAR documentation, they have 28 days only so mark it on a calendar.

ANY communication from them must be logged in your file, if they call you on the phone, accept the call and then immediately hang up, do not speak to them. This will then show up on your phone bill and support a claim for harrasment/intimidation.

 

Scan all documentation very close, they love faking documents, check phone numbers, names etc etc to validate.

If you find anything suspicious keep it in the file it's worth gold to you.

 

At the moment that's all you need to be doing, when the SAR's come back let us know what the contents are and we will take it from there.

Accounts in dispute cannot be enforced/collected so ignore all the hot air threats they will give you, just keep ALL communications to prove your case.

Don't worry, they have a long way to go to prove anything, most companies cannot supply any info and after a while give up.

 

J.:)

Consumer Action Group, the forum for all of us.:)

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Thank you so much for your support - very much appreciated.

 

I have had one reply to dispiute letter from Newman and Co with regard to AMEX. Amex had previously sent me a signed application from (dated 2000) and a copy of a creit agreement unsigned hence my dispute letter.

 

Received this morning from Newman and co......

--------------

Further to your letter of 8th October regarding your alleged dispute

 

We note from our clients records that a copy of your application and the T's and C's peraining to this were in fact sent to you directly by our client on 22nd September.

 

As such we do not beleive that this account is in dispute nor has our client defaulted on their obligations

 

The debt is payable in full and legal action may be taken should a reasonable offer of payment not be forthcoming.

I trust this makes the matter clear

 

-------------------------------------------

 

Any thoughts?

 

GIB

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Write back stating that you have been advised by CAB to only offer £1 as a token payment, there is a letter in the templates here that you can use.

 

They are being very stupid if they do go for court action, you can prove by the paper trail that you have told them of your situation.

 

Under no circumstances offer anything other than a token payment to "them who shout the loudest" as it only makes them even more aggressive.

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Thanks Silly girl,

 

As I hve pointed out in other threads and to my eternal regret:eek: Before I discovererd the wonderful world of CAG - the CAB had advised me to do I&E and offers of payment to each creditor which I did. Newmans/AMEX have not responded at all to this. Does this affect my ability to do as you suggest with the £1?

 

Thanks

 

GIB

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