Jump to content


  • Tweets

  • Posts

    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
  • Recommended Topics

  • 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
  • Recommended Topics

Calder Financial


marke32
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4776 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

Hi everyone

 

I know there's already threads about this just cant find em.

 

Can anyone direct me to a template letter to ask for a copy of my credit agreement and also one to send if I do not receive a copy in the set time or at all.

 

Thanks all

Mark

Marke32

Link to post
Share on other sites

  • Replies 60
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 3 weeks later...

Hi everyone

 

I am sorry If this has been covered as I am sure it has somewhere I just can't seem to find it there's so much to take in here.

 

I sent 2 letters to collection agencies asking for a true copy of my credit agreement on the 17TH Dec. I have had one letter back acknowledging receipt and telling me they have sent off for it. Today I received a standard collection letter asking for full payment with no reference to my letter asking for a copy of my credit agreement and saying interest will continue to be added this company is calder financial acting on behalf of Barclays I believe.

My question is do I respond to this letter? or wait until 30 days have elapsed then contact them?

Any advice would be great.

Hope all the great people here have a good year and everything works out.

Marke32

Link to post
Share on other sites

did you send you request recorded delivery if so write back informing them that you have written asking for an agreement and for them to refer back to the OC. This will keep them from you, the 30 days will have gone and take it forward from there.

After thirty days use the next letter failiur to supply

Link to post
Share on other sites

did you send you request recorded delivery if so write back informing them that you have written asking for an agreement and for them to refer back to the OC. This will keep them from you, the 30 days will have gone and take it forward from there.

After thirty days use the next letter failiur to supply

 

yes i posted recorded and its been signed for

Marke32

Link to post
Share on other sites

Hi, the 30 days no longer applies. They have 12+2 working days to respond and if they fail to do so, you may(if you wish) put the account into dispute.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi, the 30 days no longer applies. They have 12+2 working days to respond and if they fail to do so, you may(if you wish) put the account into dispute.

 

By respond do you mean just acknowledge my letter?? The other company I wrote to have done that and said they consider it to be in dispute until they have provided my copy of agreement.

Marke32

Link to post
Share on other sites

No, they have the 12+2 to send you your agreement and if they don't the A/C in dispute letter is the way to go. Letter 20 here:

 

The Consumer Forums - Debt collectors

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

No, they have the 12+2 to send you your agreement and if they don't the A/C in dispute letter is the way to go. Letter 20 here:

 

The Consumer Forums - Debt collectors

 

 

Right I see so I can type letters to both and send them next week with the letter 20 then.

 

Just a couple of questions is the 12 + 2 working days?

 

Do I count those from the day they signed for it or the date I posted it?

 

What happens if they send a copy of agreement after 12 + 2 have elapsed?

Marke32

Link to post
Share on other sites

The 12+2 is 2 days for delivery and then 12 WORKING days so don't include weekends or bank holidays.

 

If they send you an agreement after the 12 +2 then they could begin to enforce the debt again but of course that's IF they send it and IF it is a valid agreement. So many are duff and you might be one of the lucky ones.

 

Just a case of wait and see. :)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

The 12+2 is 2 days for delivery and then 12 WORKING days so don't include weekends or bank holidays.

 

If they send you an agreement after the 12 +2 then they could begin to enforce the debt again but of course that's IF they send it and IF it is a valid agreement. So many are duff and you might be one of the lucky ones.

 

Just a case of wait and see. :)

 

well the probelm is I sent template letters saying they had 28 days to respond obviously outdated info, does this matter or not?

Marke32

Link to post
Share on other sites

That's the problem with a site this huge, there will be some info that is way out of date.

 

Personally I don't think it matters as the law states 12 working days but those that know DCA tactics, the DCA will try to use it against you. You could hold off a few more days if you are feeling charitable.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

That's the problem with a site this huge, there will be some info that is way out of date.

 

Personally I don't think it matters as the law states 12 working days but those that know DCA tactics, the DCA will try to use it against you. You could hold off a few more days if you are feeling charitable.

 

Yeah I know, well I'll just see if I hear anything over the next week or so. I am going to send a letter though to the company that has just sent me another letter asking for payment, to refer them to my orignal letter asking for a copy of my agreement.

Marke32

Link to post
Share on other sites

Hi everyone

 

I have a letter from a collection company telling me they have received my request for a copy of my agreement and my account is on hold and no collection activity will occur until the matter is resolved. However today I have received a letter fro them albeit a different debt saying I have not responded to their initial letters and they have set up a repayment plan for me for a crazy sum and will consider it accepted if I do not reply.

 

Have they broken some law by doing this?

 

Should I ignore and wait for the outcome of my request for agreement copy?

 

Thanks

Mark

Marke32

Link to post
Share on other sites

What debt is it for? And have you been in contact with them about this specific debt?

 

As far as I am aware, they cannot just ASSUME that you have accepted their offer.

 

More info on this specific debt would be helpful; if it is a completely new debt that hasn't been mentioned in this thread then perhaps start a fresh thread specifically for this one?

 

Cheers

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

Link to post
Share on other sites

It is a bank loan for £7,500 I sent them a recorded letter asking for a copy of my original credit agreement. They sent me a letter from the compliance dept that acknowledges this and says my account has been placed on hold and no further collection activity will occur until it is resolved.

Today I got a letter from the same company only the collections dept saying they had not received any reply to their letters and so they have set up a payment plan of £443 a month and will consider this acceptable if they dont get a reply.

 

So do Ii just wait and see if I get my copy of agreement? or do I reply to this letter from collections and tell them about my letter from their compliance dept? It seems one doesn't know what the other is doing!

Marke32

Link to post
Share on other sites

Haha that sounds exactly right for a scummy DCA!! Often I think one doesn't know what IT is doing... let alone what another is doing!!

 

You can either sit tight and wait, or you can fire them a letter stating your dissatisfaction that they are still contacting you without first providing you with the requestion documents and that at the present time you firmly reject their "offer".

 

I always opt for the latter option, just so if it get to court I can show that I have always maintained communication. Also showing that you have not defaulted on an agreement; as you never agreed to it!

 

But these are just my opinions; the way you proceed is your decision depending on how you feel about the situation.

 

Hope this helps.

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

Link to post
Share on other sites

I'll do the same as you today, I know what you mean about the idiots not knowing what they are doing. Get this about a week after the oft lost their case witht the banks I got a smug letter from hsbs saying my charges were fair and I wouldnt be getting a refund. But I GOT them all back 20 months earlier (£1000) because I was suffering financial hardship, So I sent them a letter back thanking them lol

 

thanks for your advice I'm very grateful

 

Mark

Marke32

Link to post
Share on other sites

haha that sounds about right! They really are something else! A law unto themselves.... or so they think!! ;)

 

No problems mate, my pleasure.

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

Link to post
Share on other sites

Also, just whilst I think about it; I'm sure you know but never sign any of your letters and ensure they are sent recorded delivery.

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

Link to post
Share on other sites

Hi,

Unfortunately not. The recent McGuffick case and the Information Commissioner put paid to that

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I'm not familiar with that case, but how can they put info on your credit file about a debt they can't prove exists? doesn't sound right to me. Anyway that makes the letter template (failure to comply) on here out of date then, who updates them if anyone?

 

cheers

Mark

Marke32

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...