Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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

Northern Rock Unsecured loan


Steve 3767
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5214 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 55
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I am bumping your thread because I simply do not know the answer. I imagine that it would go some way to throwing doubt on the document.. but unenforceable. I truly do not know.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

a cancellable agreement that has no cancellation rights on it make it unenforceable

 

i'll see if i can find an appropriate letter

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

IdaInFife,

 

Thankyou so much for the information you have provided so far... and to everyone else who has taken time to respond to this thread. Thankyou in advance for the appropriate letter that you will hopefully supply me with to send to Northern Rock.

 

I will be making a donation to show my appreciation.

 

Regards

Steve

Link to post
Share on other sites

just giving your thread a little nudge to keep it in the public eye:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

still trying to see if there are any about

 

just postings these for reference

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/216081-egg-loan-docs-received.html

 

post 20

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

IdaInFife,

 

After reading post 26 i still think that it may be worth a letter to Northern Rock to see what they come back with so would you be kind enough to find me the appropriate letter to send to them...

 

Regards

Steve

Link to post
Share on other sites

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

sorry for taking so long but was checking out the cancellable as further in the thread above the direct marketing came in to play in 2004 which changes things so cancellalion right should have been there.

 

 

send the above letter in the link but replace with

 

The agreement was improperly executed and did not contain cancellation details in breach of section 64 0f the act.

 

In that antecedent negotiations took place with the creditor prior to the agreement being sent for signing, and that signing took place away from creditors’ premises making the agreement cancellable as per regulations.

 

The creditor is therefore in breach of section 64(1) and 127(4) of the act which renders the agreement unenforceable.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

IdaInFife,

 

Thankyou so much for providing me with the information that i require to send the letter to Northern Rock however when i click on the above link that you so kindly sent it takes me to the forums and no letter template could you please check the link....

 

Also where do i insert the part that you so kindly told me to replace.

 

I thankyou once again for taking the time to provide me with this information.

 

Regards

Steve

Link to post
Share on other sites

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

Link to post
Share on other sites

Ida,

 

The link has worked and i have edited the letter as per your post, will send this recorded delivery first thing in the morning and will advise once Northern Rock Reply.

 

Thankyou so much for all your time and help.

 

Regards

Steve

Link to post
Share on other sites

  • 2 weeks later...

I have today received a response from Northern Rock which is as follows:

 

Dear Mr ******

 

Thankyou for your contact with Northern Rock. I am sorry to hear of your dissatisfaction.

 

Our aim is to handle your complaint fairly and quickly and a member of our customer services team will contact you shortly. In line with the Financial services Authority's requirements, we have eight weeks in order to resolve your complaint and issue our final response and will aim to do so, within this time period.

 

For information i enclose a copy of our leaflet entitled "explaining our internal complaints procedure" to help you understand how we will handle your complaint.

 

Can anyone please advise on the next step to take.

 

Regards

Steve

Edited by Steve 3767
Link to post
Share on other sites

Hi

I would be interested to see what response you get. I also have a Northern Rock loan that I made online.

 

My loan agreement is exactly the same as yours no cancellation period. The only thing is what if they sent a letter about the cancellation period before signing the loan agreement?

 

I can't quite remember but I think they might have posted a letter referring to a right to cancel. How might this change things even if it isn't on the loan agreement? I'm pretty sure though if they did it was before they signed but I can't remember. If I write to them and now cancel my agreement is there any regulations that say I have to repay some of the loan I have had or is it unenforceable?

 

I have had such problems with Northern Rock they managed to get a court order against me for the whole amount plus interest on a 10 year loan after only one year of interest and some payments being made.

 

Any comments would be greatly appreciated.

Edited by 1miller
Link to post
Share on other sites

1miller,

 

I can not comment on your loan with Northern Rock, i was advised to upload a copy of the agreement and it would be looked at and then someone would suggest if it was enforceable or unenforceable, as you can read from the posts that at first it was thought that my loan was unenforceable then enforceable, but have sent the appropriate letter off that was so kindly supplied by IdaInFife and now just waiting to see what Northern Rock come back, as i will not comment on the phone until i have had a response from the kind people on here as to what step to take next.

 

1miller

I would not cancel your agreement as of yet maybe look at my first post and send them the appropriate letter and see what response you get.

 

Keep your eyes on this thread as no doubt it will be updated very soon.

 

May i just take this opportunity to thank Ida and everyone else who have so kindly gave me there time and advice so far.

Link to post
Share on other sites

Hi

Thanks for your reply I was wondering what law it was that you included in your letter? As I think if I remember from the thread that the template had to be changed. I think it was the 2004 financial services distance selling regulations?

 

I just wondered if anyone could comment on this regulation and if loans don't comply they are unenforceable or can be enforced by a court?

 

I have already had trouble with Northern Rock so I think I will also have a try at writing them a letter and see what happens.

 

I also noticed that the credit agreement I have isn't signed at all by me so I will also be referring to this in my letter.

Edited by 1miller
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...