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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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Co-op credit card/Bryan Carter


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I have had a co op credit card account for over ten years, I did have an agreement with fredrickson international but stopped paying this a couple of months ago. Recently recieved a letter from Bryan Carter threatening court action.

I am going to send a CCA request and SAR to Co Op, should I reply to Bryan Carter letter?

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I would send the CCA to Carter as its then up to him to pass it on and one would hope he will stop collection activities on the account until they come up with something they will try and call a credit agreement. Send it to Carter recorded delivery, as he is well known for being selective on what post he receives. The SAR to the Co-op.

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  • 1 month later...

Just to update, recieved letter from Bryan Carter on the 1st oct stating they had placed account on hold and they had referred the matter to their client.

Recieved another letter today with a copy of my original application form enclosed, I will post it shortly and would appreciate if someone could advise me if it is an enforceable credit agreement

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It does say the terms and conditions are on the reverse, without seeing the reveres of the application you are unable to tell if it is enforceable.

As it stands I would say they have not produced an executed credit agreement.

I have read the Terms and Conditions (on the reverse and the customer copy)

I wonder if this has been added by someone in haste, should it not read reverse of the customer copy.

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Thanks Rev Ian, you could be right as "on the reverse and customer copy" does not really make sense.

There is certainly not an interest rate or repayment details within the body of the agreement which I understand is a requirement for an enforceable agreement.

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I think I will send this letter to Bryan Carter and the coop, if someone could advise me if this is a suitable reply it would be appreciated

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Re Account: XXXX XXXX XXXX XXXX

 

Thank you for your letter of the xxx, in reply to my statutory request for information pursuant to s.78 of the Consumer Credit Act.

However, your response does not fulfil your requirements under the Act, in that the document purporting to be the signed " Credit Agreement", (which is actually only a card request form), does not appear to contain any of the prescribed terms required under the Act to render this document properly executed or enforceable.

 

 

To clarify, regarding the inclusion of prescribed terms in the Agreement:

The prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

These prescribed terms must be contained within the four corners of the agreement, and as such cannot be found in another document. In addition, if the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document, this would include a copy of the terms and conditions referred to in the second page of the document you sent.

As you have failed to provide an Agreement which fulfils the terms of the Act, you, The Co-operative Bank Plc are in default of my lawfull request concerning this account, as such the following applies:

 

You may not demand any payment on the account, nor am I obliged to offer any payment to you.

You may not add further interest or charges to the account.

You may not pass the account to a third party.

You may not register any information in respect of the account with any credit reference agency.

You may not issue a default notice related to the account.

 

Clearly this is a situation as described in S.78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states:

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

May I respectfully suggest that in the obvious absence of a legally binding agreement as outlined above, that the balance on this account be returned to zero, and all liabilities discharged. In addition, any entries which refer to missing payments be removed from Credit Reference Agencies to whom you report.

 

Yours faithfully,

 

 

 

 

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I have had a Cooperative card for 8 years, due to the recession fell into arrears with it, Bryan Carter has just issued proceedings against me for about £12k, Co-operative sent me a copy of my CCA last month, but looking at it dated in 2001, the terms they enclose with it are clearly dated April 2008. There doesnt appear to be reference to the terms where i signed (it was a pre populated application form they sent to me) do you think this is enforcable & worth defending or just admitting & offering £1.00 per month?

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I have had a Cooperative card for 8 years, due to the recession fell into arrears with it, Bryan Carter has just issued proceedings against me for about £12k, Co-operative sent me a copy of my CCA last month, but looking at it dated in 2001, the terms they enclose with it are clearly dated April 2008. There doesnt appear to be reference to the terms where i signed (it was a pre populated application form they sent to me) do you think this is enforcable & worth defending or just admitting & offering £1.00 per month?

 

Well I am no expert, I have browsed the forums and had some help from some people on here, I would suggest opening a thread, posting a copy of what they have sent with all your personal details blanked out and take it from there

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  • 2 months later...
  • 4 weeks later...

Just to update, recieved a reply to my account in dispute letter on the 1st Dec 2009 from Bryan Carter

 

"Thank you for your letter.

 

We confirm that our client's position is that the agreement will be enforceable in Court and we therefore look forward to hearing from you with your payment proposals."

 

I have not replied to this letter to date and have recieved no further correspondence from either the Co-operative bank or from Bryan Carter solicitors

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