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    • I understand that you have had difficulty messaging me the information that I asked for. However, I asked a number of questions above which need to be answered on the open forum and you haven't responded to those. If you want to get some idea of possible solutions or approaches to this issue then you will need to give us the details that we ask for
    • Also, how much did the warranty cost you? Follow our link to see what we have to say about extended warranties. You should cancel the warranty immediately. You should send a separate letter referring specifically to the warranty and cancel it. I think you have 14 days to cancel the warranty and so you are just within time if you do it straightaway. Don't hang around
    • As advised by my site team colleague above, you need to send the letters of rejection as quickly as possible. I would suggest that you post the letter here for us to have a look at. If you have sent a letter already then let us see what you have sent. You seem to have posted up part of a report which you received. Please could we see the whole report. Upload it in PDF format. I'm not quite clear who it is produce this report. Was it somebody connected with Big Motoring World or was it from an independent inspector. Did it cost you anything? I'm aware that you have coming from Facebook and the point has been already made there that although the assertion of your right to reject it is an important step, the big problem will be getting Big Motoring World to act correctly and to accept the rejection and to refund you. How far are you away from the dealer. You bought the car 13 days ago. How many days have you actually had use of it? What date did you take it into the garage where they discovered the faults? You have told us that some of the purchase price was financed. Who provided the finance? I think my site team colleague above has asked you this question and you need to tell us.  
    • Politicians not being totally honest applies to 99% of them these days. Whoever wins the election will have to find money to pay for all of works needed to repair the damage done during the last 16 years. I say 16 years, as that is when the Banking crash made a huge dent in the UK economy. The Tories have managed a gradually declining country. At least Labour understand they need to fix Britain. The Tories are more willing to accept a broken NHS etc.
    • After Sun*k's interview on Sky, their Ed Conway fact checks what he said. Interesting.  
  • 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
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I was contacted by this company 2 months ago, I requested a copy agreement, I've still not received this. I had a msg from them this afternoon when I got home from work, I called them back and advised Im still waiting a copy agreement and once it's received I shall make payment if it's my signature as I cannot remember this.

 

The rude male says too me "I think we wil go for a wages arrestment" I laughed and advised he cannot do this. I ended up hanging up the phone before I got annoyed with him.

 

I will be calling back but before I do can anyone advise if they can do this by law? As im a debt collector myself and I was on the understanding you can only arrest wages for Council Tax.

 

Thanks

Kayleigh

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They can do this but it's not simply a case of popping down to their local sheriff court and asking for one. Before they could get an earnings arrestment they would have to take you to court (obviously you would be notified of this and can choose to defend, partly dispute the claim, or apply for a time to pay order, etc.) and obtain a decree against you.

 

Assuming they obtained the decree against you you would then be sent a charge for payment warning that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. Only after the 14 days are up can then use an earnings arrestment to enforce the decree. Obviously how much they would be allowed to take each month would depend on how much you earn as prescribed in the Diligence in Earnings (Variation) (Scotland) Regulations 2006.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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But can they still do this if they haven't provided me with a copy agreement? I've just sent the below email too them requesting this again as by telephone they are just using bullying tactics and when I ask for a copy agreement they say "we will arrest your wages" "are you saying your not paying this?"

 

I've told them once I receive the copy agreement I will arrange payment but they are useless.

 

Dear Sir/Madam

 

Re:- Account/Reference Number - XXXXXX / XXXXXX

 

I do not acknowledge any debt to your company or its clients.With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

Miss X XXXXXXXX

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But can they still do this if they haven't provided me with a copy agreement?
Yes but the sheriff wouldn't be awfully impressed that they have ignored a dispute. Court action should always be a last resort and of course they would have to prove that the monies claimed are indeed owed by you.

 

You should also e-mail them informing them that all further communication must be in writing only and that any further telephone calls from them will be view as harassment and reported to the relevant authorities.

 

DCA call centre staff will tell you any old rubbish over the phone to try and intimidate you into making a payment as telephone conversations can later be denied. If they do phone again and you feel the need to talk to them inform them that the call is being recorded (whether it is or not), they normally soon hang up. Keep a log of any calls though. Harassment is a criminal offence whereby both the individual and the company can be prosecuted Protection from Harassment Act 1997 (c. 40)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Im actually a debt collector myself lol and not all of them are like that, we certainly don't just tell any old rubbish.. We also advise on every call made or received calls are recorded! But I know what you mean there are alot of DCA's which deal with debtors in a disgusting manner.

 

I've had a response now from a girl who used too be an ATL at my work and is now a manager there, she's emailed me back confirming the docs will be out in today's post. Told them as long as it's my signature i'll contact too arrange payment!

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  • 2 weeks later...

I can't remember taking it out, I have now received the docs, emailed them i&e details with an offer of repayment, still await a response! That was over 2 weeks ago I've sent 2 emails and they are not responding!

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Sorry...I don't understand if you took out a loan with this company you must have gone into a shop they would have taken in your I.D and handed over your debit card so they could take the money back or applied on line and entered your details online. I took out a loan with them a while ago and will never forget being there :(. Have you ever lost your bag?

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