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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.

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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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Reminder Notice of assignment


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Hi folks can anyone help I toay recieved a letter from HFO telling me my balance is over £1000 more than the defaulted balance on my credit file and am being charged 12% interest! can i be charged interest on a defaulted loan? What do i do? apparently i have 14 days before they take mor action.

CCA sent Crapquest ran away...

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What terms and conditions the loan was from 2004 all i've recieved is a notice of assignement i defaulted 2005 at £1500.00 now owing in excess of £2500.00 even though my credit files all state £1500.00

 

It will be the original T&C's from the Loan.

 

The amount of default on your credit file will be the balance at the date of the default. Since then the DCA that has bought the account, they will have taken the rights and duties and will be entitled to charge the 12% as stated.

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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How can that be i have not signed anything with hfo my only agreement was with welcome finance. i thought once defaulted the agreement ended. if your saying this isn't true they can keep adding interest as they like. They haven't even proved they own the debt. The last i heard was in 2005 from welcome finance

CCA sent Crapquest ran away...

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If there are provisions in your original agreement for costs to be added when collecting or when the account goes into default etc...or whatever....and the debt is then assigned in full title to another company then that company/dca can (supposedly) add the same charges...

 

Hence why the suggestion from PGH re sending a SARS to the original creditor may shed some light on it.

 

Most DCA's will try and charge something on top but whether they'll get them or not is usually down to A/Who actually owns the debt B/ The terms of the original credit agreeemnt C/ The correct paperwork is in order for them to be able to collect ....

 

Don't panic, just work your way through it and things may come up good in the end.

I reside in Dawlish Warren but am not a rabbit.

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How can that be i have not signed anything with hfo my only agreement was with welcome finance. i thought once defaulted the agreement ended. if your saying this isn't true they can keep adding interest as they like. They haven't even proved they own the debt. The last i heard was in 2005 from welcome finance

 

This is the first post you mentioned Welcome so I assumed that HFO were the OC, so send a sar to the ORIGINAL CREDITOR

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Have you had notices of assignment or other letters from HFO in the past? Clearly they claim to have sent them. HFO have a habit of making up letters after the event.

 

If it was sold that long ago, then the debt probably doesn't actually belong to HFO Capital. Look at vjohn82's thread here:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/245294-vjohn82-hfo-services-limited-39.html

 

There are other links in there.

 

The HFO set up is a box of monkeys. Let us know the history of this and we'll guide you through it. I'll get the HFO Fan Club on board. You won't be disappointed...

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Also, make some serious effort to dig out the date of your last payment.

 

This fits in with a lot of HFO activity at the moment - they are panicking about accounts that are coming up to SB. Whatever you do, don't contact them until we get to the bottom of it on CAG. What's unusual is that HFOS themselves are chasing - most of their accounts have been farmed out to Roxburghe, a group company. HFO Services' CCA expired last September, and it still hasn't been fully renewed.

 

They haven't got a hope in hell of getting anywhere with this, I assure you.

 

What date is the default first recorded on your credit record? I think it should have fallen off by now, as the OC should have listed it fairly quickly. HFO can't just add it when they like. They have to use the date recorded by the OC.

 

Were those T&Cs sent to you by HFO? If so, why? Did you ask for them?

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Donkey B no that was for two other debts of which i have now paid. un related to this debt.

 

This is the first letter re this debt from HFO and i have not spoken to them as i learn't the hard way the last time... lol also no T&C have been requested or recieved.

 

Who do i send the Subject Access Request to and how which letter?

CCA sent Crapquest ran away...

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After reading you again I would be inclined to send both Welcome Finance and HFO a SARS request but certainly Welcome Finance who are the original creditor.

 

A SARS request costs a tenner, send it/them with a postal order, keep the details of the postal order(s), don't sign your usual signature, send recorded and take a print out of proof of delivery from the Royal Mail website.

 

 

Sars letter template...edit accordingly.

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Royal mail tracking page (recorded only shows after it's been delivered)

http://www.royalmail.com/portal/rm/personal?pageId=tab_track_rm&catId=500185&mediaId=83900761

 

Given that you may be approaching stat barred on the debt you need to specifically mention in the letter in bold that the payment for the sars is NOT to be taken off the balance of any alleged account and is purely and wholly for the Subject Access request and mark on the back of the Postal Order (or cheque) Payment to (insert company) for SUBJECT ACCESS REQUEST only.

I reside in Dawlish Warren but am not a rabbit.

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Checked all my paperwork the only correspondence to this case from HFO was in sept 2008 when they sent me a sorry we missed you First Direct Logistics Ltd Card. (Once Bitten Twice Shy) I did not respond. Also in October 2008 i recieved a phone call from them re the debt at which point i refused to discuss it as they had sent no paperwork to me!

 

Also the default dates on experian and equifax dont match they are a month out and the start dates are incorrect too.

CCA sent Crapquest ran away...

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Donkey B no that was for two other debts of which i have now paid. un related to this debt.

 

This is the first letter re this debt from HFO and i have not spoken to them as i learn't the hard way the last time... lol also no T&C have been requested or recieved.

 

Who do i send the Subject Access Request to and how which letter?

 

Hi niteman

 

In the very first post on that other thread you mention Welcome and a loan of £500 and being harassed by HFO for it - can you be clear about this? The time when they first made contact about this is very important.

 

So those T&Cs you posted are from your own copy? Does that mean you have a copy of the original app form/agreement?

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