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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 
      • 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
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Hfo Services Cca Request Help!! *** Discontinued ***


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I think that Experian have a lot to answer for allowing DCAs to have complete access to our files, as long as their fees come in they seem happy to let every DCA and their sidekicks access information they have very little entitlement to view.

 

HFO need reigning in and should be barred from accessing tis data, particularly as they appear to be 'manipulating' it to suit their needs.

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HFO will have signed the same legal paper work from Experian as all the rest of the banks/DCA's etc. This the CRA's seem to think is what waves them from any responsibility. The factual reporting of information is firmly with the lender, credit provider or DCA. They need to prove nothing to the CRA's, the word of the DCA's etc is treated as gospel. Unless you can prove otherwise in which case you will simply be told to contact the DCA/Bank etc.

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Got the feeling following on from my conversation with Experian that sending out copies of credit reports was a definate NO NO. Asked was it legal but she wouldnt go into the legal side of it. Told them not to worry as it has been reported to the trading standards and the ICO. They are going to be speaking with HFO regarding this practice. Cant tell what action will be taken though as due to confidentiality. Laughable. I urge everyone to complain to the compliance department of experian as the more complaints the better.

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Well recieved a letter today from turdybum informing me that I have 21 days to pay before legal action. They inform me today that my account was assigned to HFO Capital limited ("HFO Ireland") The legal owner of my debt. Assigned from an affiliate factoring company. HFO Capital Limited ("HFO Cayman") a group company incorporated under the laws of the Cayman Islands who previously purchased my debt from Barclays. NOT WOT BARCLAYS SAID! Date of assignment to Ireland from Cayman jan 08. Still want me to direct payments through their agents HFO Services LTD. So its took them three years to send out letter of " ACCOUNT TRANSFER TO HFO CAPITAL LIMITED" letter.

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Well, that assignment from Cayman to Ireland was possibly illegal, and is probably also therefore a void transaction. HFO Capital Ireland did not have a consumer credit licence on 31 January 2008, so trading in debt was potentially a criminal offence.

 

This means that technically HFO Cayman still owns the account (other issues aside) - but - oops! - HFO Cayman's licence has lapsed, so they cannot action the debt or reassign it.

 

We really need these clear issues tested in court.

 

You've seriously fecked this up, haven't you, Mr T? Do your investors know about this? Maybe I should write to them...

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For your complaint, you’ll need evidence to back it up (though the OFT should know the statute and the law).

 

For the CCA info, go here:

 

http://www2.crw.gov.uk/pr/default.aspx

 

In the ‘Organisation Name’ field, type ‘HFO Capital *’.

 

This will bring up the records for both Cayman and Ireland. These will show the status of the licences, and when they were granted. Print them out as evidence. You will note from the history that HFO Ireland did not even apply for a licence until AFTER this transaction. I reckon HFO Ireland’s whole reassigned portfolio is therefore duff – that’s why complaints are important.

 

You should also complain about HFO Ireland processing your data while it was not registered with the Data Protection Registrar/Information Commissioner’s Office. Go here:

 

http://www.ico.gov.uk/ESDWebPages/search.asp

 

Again, key in ‘HFO Capital *’ and you’ll get both.

 

Note that HFO Ireland’s entry shows registration on 7 August 2008 – over six months after they MUST have processed your data (their contract shows it was assigned via CD). This again is potentially a criminal offence, so include this in your complaint to the OFT, and do a separate complaint to the ICO.

 

Go get ’em...

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  • 2 weeks later...

After an acknowledgement of solicitors letter to HFO the phonecalls have started again. The ones I have asked several times for them not to make. I mentioned about the credit consumer license bit and bam! Straight on the phone to me.

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1 Prohibition of harassment.(1)A person must not pursue a course of conduct—(a)which amounts to harassment of another, and(b)which he knows or ought to know amounts to harassment of the other.(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—(a)that it was pursued for the purpose of preventing or detecting crime,(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

 

127Improper use of public electronic communications network(1)A person is guilty of an offence if he—(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or(b)causes any such message or matter to be so sent.(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—(a)sends by means of a public electronic communications network, a message that he knows to be false,(b)causes such a message to be sent; or©persistently makes use of a public electronic communications network.(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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For your complaint, you’ll need evidence to back it up (though the OFT should know the statute and the law).

 

For the CCA info, go here:

 

http://www2.crw.gov.uk/pr/default.aspx

 

In the ‘Organisation Name’ field, type ‘HFO Capital *’.

 

This will bring up the records for both Cayman and Ireland. These will show the status of the licences, and when they were granted. Print them out as evidence. You will note from the history that HFO Ireland did not even apply for a licence until AFTER this transaction. I reckon HFO Ireland’s whole reassigned portfolio is therefore duff – that’s why complaints are important.

 

You should also complain about HFO Ireland processing your data while it was not registered with the Data Protection Registrar/Information Commissioner’s Office. Go here:

 

http://www.ico.gov.uk/ESDWebPages/search.asp

 

Again, key in ‘HFO Capital *’ and you’ll get both.

 

Note that HFO Ireland’s entry shows registration on 7 August 2008 – over six months after they MUST have processed your data (their contract shows it was assigned via CD). This again is potentially a criminal offence, so include this in your complaint to the OFT, and do a separate complaint to the ICO.

 

Go get ’em...

 

Donkey what do you mean by contract assigned by CD?

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