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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 
      • 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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**BC Charges repaid - Over 6 years + Contractual Int't**


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Okay to cut a long story short this 1 of my cards.

Monies got short and I couldn't pay so offered the £1 token payment and was told not enough etc

Sent a SAR and after a bit of tooing a froing have got all the monies with interest in restitution for the last 6 years, I have previous statements going back earlier though and whch I will be following up.

Earlier in August I sent a dca request - as of yet no response.

Now the debt has been sold to RMA and they keep hassling me.

So, shall I send the £1 token payment letter to them?

Shall I say until BC send me a correct copy of DCA I'm not doing anything?

Not sure which way to go.

Thanks

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hi kid's mum

 

Well done on the charges, try and get the rest back.

 

Are you sure the debt has been sold to RMA?

 

Did you send the CCA Request to Barclaycard? If you have sent it to Barclaycard and they haven't reponded, send them an account in dispute letter.

 

What ever they send scan, post removing all personal details.

 

When you wrire DCA do you actually mean CCA?

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hi kid's mum

 

Well done on the charges, try and get the rest back.

 

Are you sure the debt has been sold to RMA?

 

Did you send the CCA Request to Barclaycard? If you have sent it to Barclaycard and they haven't reponded, send them an account in dispute letter.

 

What ever they send scan, post removing all personal details.

 

When you wrire DCA do you actually mean CCA?

 

Thanks, it does give a bit of satisfaction getting a little bit of it back.

 

In regards RMA, they are now sending me letters and contacting postcards and endless telephone calls,.

The telephone calls, I just respond to them and say sorry not giving out personal details over the telephone, thank you.

The CCA was sent to BC, I did mean CCA whoops!

I'll send an account in dispute letter to BC? Do I copy one to RMA?

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It sounds like RMA are debt collectors, the account is still with Barclaycard. You can send RMA

a Telephone Harrassment Letter, send it Recorded. On it add CC: Trading Standards, xxxxx, xxxxxx, xxxxx

Replace xxxx, xxxxx, xxxxx with the address of your local office.

 

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

Send the following letter to RMA, again send it recorded, basically your asking RMA to return the account to Barclaycard because you've got a dispute with them.

 

Make sure you insert the correct bits, i.e. Original Creditor / DCA, heres the letter:

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

You can send both letters in the same envelope.

 

Also try to work out the pre 6 years charges, send them a letter and spreadsheet, make sure you are getting contractual interest

from Barclaycard.

 

 

 

Thanks, it does give a bit of satisfaction getting a little bit of it back.

 

In regards RMA, they are now sending me letters and contacting postcards and endless telephone calls,.

The telephone calls, I just respond to them and say sorry not giving out personal details over the telephone, thank you.

The CCA was sent to BC, I did mean CCA whoops!

I'll send an account in dispute letter to BC? Do I copy one to RMA?

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  • 2 weeks later...

I have recieved a reply today, from BC and it's pretty boring, basically they acknowledge my letter and are dealing with my request for information under setion 78 of CC act 1974.

 

Umm I asked for that back in August, how come they have only responded with we will investigate after I send the account in dispute letter?

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Hi TKM,

 

That's BC for you !!

 

8-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 3 weeks later...

Update, I chased BC for the charges and got all of them back plus int for the past 6 yrs, then as I had all the statements I chased for the pre 6 yrs ones. Success got them back! A bit below my request, but they calculated the charges with the purchase int rate that was being charged at the time of the charge being applied to the account, well it's halfed the balance now so that's something!

Now on the the request for CCA I have now received a letter from nco europe saying they have no record of my communications, send a £1 and we'll request from BC!, the £1 i sent previously was a cheque which wasn't cashed so I'll do it again and see what happens.

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Hi TKM,

 

This is an excellent result for you - getting charges plus interest back AND then getting back charges beyond 6 years. :whoo:

 

Re the CCA request, where do NCO Europe come into it ?? I assume the are another DCA acting on BC's behalf.

 

In any event, it may still be worth sending NCO E the CCA request letter. It may slow them down a bit if they are chasing the balance left on the a/c.

 

However, you should now be thinking about what you can afford to repay on the a/c monthly if you can't afford the min pay'ts.

 

8-)

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

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Oh yes, I am secretly patting myself!

Now, one thing I did did was to clearly mark with a very glorious yellow highlighter the charges which were applied to my account pre 6 years.

Also a very carefully edited letter, not harsh, polite and to the point.

In this instance it worked - the other 3 it hasn't!

As far as payments, I know what can be paid, they just need to accept it...

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Hi TKM,

 

If BC are not willing to accept reduced or token payments, see here - http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

 

National Debtline may be more successful in getting BC to accept reduced payments, on your behalf.

 

8-)

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

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Hi TKM,

 

If BC are not willing to accept reduced or token payments, see here - http://www.consumerwiki.co.uk/index.php/Debt:_Where_to_Get_Help

 

National Debtline may be more successful in getting BC to accept reduced payments, on your behalf.

 

8-)

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

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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