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    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
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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 
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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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Lowell financial


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"i think the only way is to make these users unable to receive or make PM's."

 

 

Thats a good point DX-I will certainly be raising that upstairs-there should not really be any use for the pm in either direction,especially given the fears being expressed by some members.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Phil,the indications are from the Lowell post that communications are sought by email-theres no suggestion that the OP needs to call ?

 

Theres no reasons as to why ALL communications cannot be done in writing-this is the way for example that Vodafone has chosen to deal and it has worked quite well.

 

There seems to be many fears that CAG members are being enticed into admitting debts they are disputing,but of course disputing debts or admitting any liability for alleged monies owed is not something that has been any problem in the past for those with disputes-so it should be no different now.

 

Its difficult to generalise since the issues are likely to be diverse and unique across a spectrum.

 

As it stands-we have so far not had any feedback since this is in its early stages.

Some of the fears and comments aired then-cannot realistically be answered until we have seen any cases being progressed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Absolutely. Lowells' only place on these boards is to be belittled and humiliated.

 

Letting them have their say is one thing. Letting them tout for business or try to sucker people into contacting them is something else entirely, and it is not CAG's function to give such companies that opportunity.

 

I came to this site because I found MSE to be overly judgemental and too 'friendly' to such companies. I don't want to see CAG go down that road.

 

Would their clique-y little gaggle (Credit Today) tolerate intrusions by CAG members. No, they don't and they haven't in the past - so why should we?

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I am still undecided if this is a good or bad thing but as a pragmatist by nature i can see that GAG`s moderators / site owners cant dismiss out of hand any offer of dialogue, i would like to see the site trying to converse with any DCA & feel them out as to there intentions & put stringent rules & guidelines as to there participation on the site before they were allowed to post offers of help.

GAG has done sterling work in the fight to help people in real financial trouble & the fact that DCA`s come on here to peep & troll proves the site has & is impacting on there business.

There come`s a point in every conflict where you have to get round the camp fire but i`m not naive enough to believe that any DCA is going to suddenly change there spots, bottom line is debt is there bread & butter.

As someone once said " we live in interesting times"

Edited by snowy101
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Allowing DCA's to come onto this forum is a very sad day for CAG.

 

A totally inaccurate analogy is being drawn between allowing DCA's onto CAG with other, legitimate companies such as Vodaphone. Let's be absolutely clear that companies such as Vodaphone wish to resolve directly the complaints of their end-user customers who are you and me. For a DCA, their customers are the banks and credit card companies that sold them the debt or agreed to pay a fee for collection, by whatever means usually.

 

So there is no basis whasoever, for comparing a customer-focused company such as Vodaphone with a DCA.

 

DCA's collect on behalf of their Clients or themselves and are totally without care or scruples, many of us can vouch for that. They operate on the fringes of the law and cause misery to thousands of people on a daily basis. Many on here have been subject to abuse from DCA's and many, many more, who have not found CAG have little or no knowledge of their rights so continue to live in ignorance and fear.

 

By allowing DCA's to post here and essentially tout for business is not what CAG was established to do, moreover it will serve no purpose other than to allow Lowell et al to do their job with greater ease and with a captive audience.

 

Well done CAG management, you may as well become a DCA.

 

I would imagine this will push donations down even further, but then maybe Lowell et al can donate a percentage they get from this forum.

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

Edited by cerberusalert
bypassing swear filter

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

 

Precisely

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

 

In business there is no such thing as a free lunch. Perhaps there has been a financial incentive.

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Phil,I have responded to your Pm.

Alan and Marc have both posted in consideration of concerns.

Lets be clear-there is no requirement or expectation for anyone to engage in dialogue,its merely an option that has been offered.

CAG is first and foremost here to support and help it members-thats how it started off and how it will ALWAYS be.

 

Martin with respect, that is not born out by the recent events re Cabot and you know it. Certain long established and respected cag members were hung out to dry by this forum and they should be ashamed of the way they did it. I was extremely disappointed by the way that was done as a long standing cag member myself who has no doubt been lined up for a similar target practice by said company.

 

If a DCA does such a despicable thing and now the founder is even daring to offer one cell of his body to considering letting a DCA on here there will be a mass exodus if people knew what had happened.

 

Sadly, DCA's have a place in this world because people do not pay certain debt, it's a fact of life no matter how unpleasant we believe them to be. I am, as my reputation precedes me, proud of the fury and exposure of Cabot we created on here within the Cabot Fan Club, but it was for one purpose and one purpose only - to make them abide by the laws and regulations of the industry for which they subscribe to. They'd got away with this for far too long and needed tuning into the 20th century. They and other dca's still haven't learned and still lie and cheat their way through courts (allegedly) - I worked in the industry (not collecting debt) for 30 yrs and they are still in denial. Just look at Credit Today, their window to the world...it's full of backslapping clap trap events about how good they all are and how many rogue debtors there are. I went to the Credit summit they had earlier this year to listen to Maynard (Ceo of Cabot for those who don't know ) and he's still blaming everyone else for his woe's - (he lost £18 million last year :D ).

 

Keep them off this site until they are abiding fully with the laws of the land and until they are respectable members of the community like all the other cag members or you'll be the laughing stock of the forum world. They don't know the meaning of the word 'debate' because they are all so righteous.

 

Just my usual personal opinion of course. ;)

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Thanks Andrew.

The recent events that you speak of have already been the subject of much discussion and attempts were made pretty exhaustively to explain the situation and the circumstances-its not related nor can do any good to be dragging this up again.

I can see that whatever I or other team members say,it will not change the thoughts or beliefs of some members.

Thats up to them,and those points have been and continue to be listened to.

Lowells touting for business,asking people to phone them,pay unenforceable accounts,etc,to my knowledge has not been sought.

For the record (as has been asked) ...neither has the CAG made any financial deals or took anything in exchange.

 

I have tried to alleviate some fears,and spell the truth.

On that I wont be adding anything further-lets get back to what you are all here for-and let the site team do the same.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin with respect, that is not born out by the recent events re Cabot and you know it. Certain long established and respected cag members were hung out to dry by this forum and they should be ashamed of the way they did it. I was extremely disappointed by the way that was done as a long standing cag member myself who has no doubt been lined up for a similar target practice by said company.

 

If a DCA does such a despicable thing and now the founder is even daring to offer one cell of his body to considering letting a DCA on here there will be a mass exodus if people knew what had happened.

 

Sadly, DCA's have a place in this world because people do not pay certain debt, it's a fact of life no matter how unpleasant we believe them to be. I am, as my reputation precedes me, proud of the fury and exposure of Cabot we created on here within the Cabot Fan Club, but it was for one purpose and one purpose only - to make them abide by the laws and regulations of the industry for which they subscribe to. They'd got away with this for far too long and needed tuning into the 20th century. They and other dca's still haven't learned and still lie and cheat their way through courts (allegedly) - I worked in the industry (not collecting debt) for 30 yrs and they are still in denial. Just look at Credit Today, their window to the world...it's full of backslapping clap trap events about how good they all are and how many rogue debtors there are. I went to the Credit summit they had earlier this year to listen to Maynard (Ceo of Cabot for those who don't know ) and he's still blaming everyone else for his woe's - (he lost £18 million last year :D ).

 

Keep them off this site until they are abiding fully with the laws of the land and until they are respectable members of the community like all the other cag members or you'll be the laughing stock of the forum world. They don't know the meaning of the word 'debate' because they are all so righteous.

 

Just my usual personal opinion of course. ;)

 

I couldn't agre more!!!

 

And we thought Dinosaurs were all gone :eek: they still here thumping their feet aren't they?

 

Seems lessons never learnt!!

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Pinky - Your comments are unfounded and unjust.

 

The CAG,as you have probably noticed,has been seeing a number of approaches from various organisations seeking to be given opportunity to show a willingness to attempt resolution of problems.

 

Lowells happen to be one such company.

 

Its early days,and time will tell if the intent is honourable,or productive,but any suggestion that CAG site Admin has agreed to allow this out of any hidden agendas or assist Lowells in payment enforcement,is quite frankly ridiculous.

 

Any progress or success will ultimately rely on CAG members reporting back and updating-only then can we begin to assess as to whether the decision to allow Lowells here has been the right one.

 

Give it time.

 

Sorry Matin but I agree with Phil on this one..GET RID OF LOWELLS.

 

Mr W

Regards..Mr Worried :)

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Perhaps the easiest way to stop this unecessary ill-feeling, is to stop Lowell CRT and other DCA's posting replies to posts.

 

Instead perhaps the site team should just set up a Lowell complaints folder or generic DCA contacts info folder, which simply contains a note of the email address, postal address and telephone number for the Lowell/various complaints teams. This post in this forum folder will just contain this information and make it clear that the information is for forum members use if they wish to make contact. The ability to add any threads, reply to posts or send PM's would be disabled.

 

While I personally agree with the site team, I can also see it from the site users point of view. What happens over the next few weeks, when Cabot, Moorcroft, Capquest complaints teams also want to start posting to this site. They would all have seen the 'cat amongst the pigeons' caused by Lowell CRT which has totally derailed the threads. The DCA's would love CAG threads to start becoming an argument between members, instead of a place to look into their practices

 

I hope this makes sense.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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With respect Uncle i don't see how this would benefit those users who need help on CAG. Most people who are in need of help already know the address, phone number etc of the DCA's on here, i think setting up barriers for the DCA's to comply with is not needed as IMO they should not be allowed to pursue debt on a public forum such as this, if they do need to pursue any debt surely this should be done by the methods already in place, such as letters.

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