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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
      • 160 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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CAS/equidebt/Cabot etc - old RBS credit cars almost SB Scotland too


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good

 

should work out nice then

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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my guess would be they were phoning to beg you to pay something if they had replied to your CCA request it would be in writing. they probably called to try and bluff there way out of fulfilling cca request maybe say something like we have sent you it ,should be wth you any day but to stop legal action you need to pay today in hope you pay and restart SB clock. would probably wok on those ho have no idea they have rights

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Hi again. Time is nearly up for the CCA request now & no letter, but I had an answerphone message from Weightmans today asking me to call. I'm minded to ignore them as I fire off the dispute letter next week anyway. Sound right?

 

Yes.... ignore..... and hang up if they do manage to make contact. Don't forget to include the words "I do not acknowledge any debt to your company or to any company you claim to represent" on the top of the dispute letter and send by rec. delivery.

 

Yes DX, confirms SB in March. What could they want though? I sent the CCA request, they haven't replied. They could reply by letter & I'm not getting involved in calls with them.

 

Don't let your curiosity fool you. They can say drivel on the phone that would never get put in writing. That's why they like doing it.

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Idiots! Received 2 letters today, 1 saying I have failed to make a payment arrangement, but that their client (Equidebt) has extended my deadline. (How kind of them). Letter 2 offers to reduce the debt to about 35% of the original sum. I have a better offer for them, send me the CCA! Anyhoo dispute letter goes on Monday. I'll send one to Weightmans & a copy to Equidebt. I assume that's correct?

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you never said you are getting discount letters

 

thats the clincher then

 

anyone offering a discount either knows:

 

the debt is sb'ed or has paperwork errors

or

the debt is mostly penaltty charges or ppi - which can be reclaimed

 

eitherway

 

they'll NEVER EVER go near a court for fear of a counter claim

and the surface of their 'claim' gets scratched too deep.

 

if it were me

totally ignore everyone now.

 

just hae a read of a few threads with discount in the title

 

NO 'discounted' debt , bar i think one [and that was a diff reason]

has EVER gone to court

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx, this is actually the first time a discount has been offered, so as you say, having received the CCA request, they've probably dug a little deeper & seen that they have no proper paperwork & the debt is almost SB, so are trying to get anything they can. I will send the in dispute letter just to be safe & give me more ammo for when MuckHall or some other bottom feeder comes sliming along in a few months time.

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NO 'discounted' debt , bar i think one [and that was a diff reason]

has EVER gone to court

I'm not disputing this quote, I just find it very hard to believe!

Having in the past been offered a "discount" of 40% for partial settlement that they promise they wont chase the rest, I wouldnt trust a certain american bank not to take legal action.

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Erm..... yes, they will go near a court.... but only if they think they can get away with it, which is why you need to cover your bases earlier.

 

All correspondence goes to Weghtmans and to whoever's pulling their loo chain. Don't ignore anything at this point but make sure the wording "I do not acknowledge any debt to your company or to any company you claim to represent" goes on top of evrything if this one's close to SB status.

 

:-)

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  • 2 months later...

Hi again.

 

Received the paperwork back & to my surprise it is a copy of my original agreement, complete with signature etc.

 

I just have a question regarding statute barred now.

 

I have determined via CCCS, that they last made any payments on 17/03/06.

 

I believed that this would be the start date for SB so it now would be.

 

I've now read on other threads, that the SB starts from the date that the first missed payment was due.

 

Could anyone clarify which it is please,

 

as I would like to get the SB letter sent off asap.

 

Thanks again

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send it

 

its for them to PROVE its NOT SB'ed

 

not for YOU to prove it IS..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Well, statute barred letter was sent. Received 2 letters today, 1 dated 11/04/12 saying that they had closed the acount & sent it back to their clients (Equidebt) & another dated 12/04/12 offering a 50% discount for a full & final settlement! DCAs really are the pits aren't they. Anyhoo, everything will be ignored now, until some bottom feeder comes along in a few months! At least I can get rid easily.

Thanks to everyone who's helped.

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  • 1 year later...

Hi all.

 

Had a letter today from Cabot informing me that they had taken over a debt from Equidebt.

 

I know they bought debts from when they went bust as I am already paying one.

 

The one on the letter today is however statute barred & I had conformation of such from Equidebt some months ago

& they made no further attempts to collect, so presumably, the account is marked as SB in some way.

 

Question is, do I respond to this letter & go through the whole SB rigmarole again with Cabot, or do I just ignore it?

 

Any advice appreciated.

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I hope you've cca 's the one you are still paying.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi all.

 

Had a letter today from Cabot informing me that they had taken over a debt from Equidebt.

 

I know they bought debts from when they went bust as I am already paying one.

 

The one on the letter today is however statute barred & I had conformation of such from Equidebt some months ago

& they made no further attempts to collect, so presumably, the account is marked as SB in some way.

 

Question is, do I respond to this letter & go through the whole SB rigmarole again with Cabot, or do I just ignore it?

 

Any advice appreciated.

Hi, before sending any letters regarding statute barred status to Cabot, please check your credit files on this debt.

 

I seriously doubt that any note has been made on files passed to Cabot regarding the status of the debt.

 

The nasty habit of selling on SB debts is rife although the OFT Guidance has a specific section dealing with this this.

 

Once you can confirm 'independently' that the debt is SB please come back here and I will compose a letter to deal with this specific situation, the template SB letter may not be appropriate.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, before sending any letters regarding statute barred status to Cabot, please check your credit files on this debt.

 

 

 

I seriously doubt that any note has been made on files passed to Cabot regarding the status of the debt.

 

 

 

The nasty habit of selling on SB debts is rife although the OFT Guidance has a specific section dealing with this this.

 

 

 

Once you can confirm 'independently' that the debt is SB please come back here and I will compose a letter to deal with this specific situation, the template SB letter may not be appropriate.

 

 

 

What is the difference Brig?

I sent Cabot the 'normal' statute barred letter ((Scotland) last week after they contacted me about a debt they purchased from Cabot.

Will that be ok?

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Hi Brigadier. The debt is definitely SB. Equidebt confirmed they would be closing the account. I expected some low-life to come crawling again eventually, but I was just surprised that Cabot wouldn't know when taking over Equidebt's portfolio.

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