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    • 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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Marbles PPI


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Hi, i wonder can anyone help i sent a letter to reclaim ppi from these and this is the response i recived.

They are saying they have no copy of the application for ppi because they legaly only have to keep it for six years.Could someone please check the dates as i thought it was six years from when it would have been cancelled not six years from when it was applied for if it ever was.Thanks Maxedout.

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urm...correct

6 yrs from the closure of the A/C

 

sadly you are getting the usual bol off of HFC that everyone gets

 

they are truly terrible at customer relations.

 

regardless to the numerous times they have been fines about these issues and fleecing they have carried out for +25yrs.

 

regardless to all the crap about you should have read the paperwork [which is meaningless so ignore it]

 

par chance have you got the agreement?

9/10 the FOS make HFC cough if the agreement exists.

 

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.

 

No iv not got the agreement

iv got an application form in response to a cca request and the ppi box is ticked on there but thats it.

 

Do you think i should send it to the FOS a long with that letter they sent to me

and a letter saying i belive they are trying to miss lead me by saying they have legaly not got to keep paper work because account was oppened more than six years ago and they are supposed to keep it for six years after account was closed ?

 

Or should i write again pointing this out to them and saying the FOS will become aware of it if they dont sort it out.

 

The request I made was to HFC but i belive the response was from HBOS as they now own all the Marbles cc accounts.

 

Thanks maxedout.

Edited by dx100uk
clarity & line spacing
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You could do both! Write to them and state that you have now informed the FOS and they are investigating, also that they are in breach of the money laundering regulations surrounding Record Keeping, and possibly more.

Then forward 'copies' of what they sent you along with your complaint to the FOS, I guess they are hoping that you will let it drop and not go to the trouble of escalating your complaint, so do it!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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i think i would request they clarify 'when' they think its ok to distroy paperwork.

 

this is a very typical excuse by HFC etc

 

they always pull this string thinking they can put up a smokescreen to get away with this blatant fleecing of 100'000's of customers in to 80's/90's with PPI they never needed & were forced to take by the commission the staff got for doing it.

 

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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  • 1 month later...

weight it up

 

they can omly take 'arrears' from any reclaim you get.

 

if its worth it, then as you have their final response, go for it.

do as BB says in post 4

 

without us knowing the history, i assume you have stopped paying and you have decided its un-en?

 

lets have the history.

 

but if the reclaim far outweighs what they could ever offset then its worth it.

 

i would not, pers, teach the FOS to suck eggs, give them ALL the paperwork you have.

 

let them decide

they know about all hfc's tricks with the letters and excuses as a bove & TBH they won't like what they've said about it being 'distroyed' either.

 

go get 'em

 

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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  • 4 weeks later...

Have had the questionaire from FOS

 

if i try and reclaim this ppi that was originaly payed to HFC

then account sold to BOS

then had NOA that capquest now own it

 

would the statue barred clock start ticking again

or

would it remain the same as when i last made a payment and last acknowledged the debt to BOS.

 

Thanks maxedout.

 

The other thing is that BOS showed a default on my CRF then it went away and now its back but being defaulted by capquest

but a few hundred heavier while im still waiting a reply as the stated in a previous letter they had bought the debt in goodfaith

and hadnt realised there was a dispute with BOS and that they would investigate it.

 

In the mean time they have done this.

Edited by maxedout
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Have had the questionaire from FOS

good

 

 

if i try and reclaim this ppi that was originaly payed to HFC

then account sold to BOS

then had NOA that capquest now own it

 

would the statue barred clock start ticking again

 

no once SB'ed always sb'ed.....

 

or

would it remain the same as when i last made a payment and last acknowledged the debt to BOS.

 

it will remain the same.

 

Thanks maxedout.

 

The other thing is that BOS showed a default on my CRF then it went away and now its back but being defaulted by capquest

but a few hundred heavier while im still waiting a reply as the stated in a previous letter they had bought the debt in goodfaith

and hadnt realised there was a dispute with BOS and that they would investigate it.

 

In the mean time they have done this.

 

you really need to give us more info.

 

so it not 6yrs since YOUR last financial in/out?

 

please give us the history

 

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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IMHO, if you reclaim charges against an account that you dispute, and it is not already SB then IMO that is an admission that you are aware of this account and it's history.

 

HOWEVER! If the account is already SB, then why would you need to reclaim the charges? Once a debt is Sb then NOTHING can EVER unbar that debt.

 

I suspect you are unsure as to the life of this account, so if it works in your favour to request repayment of fees & charges to whittle the total amount owing to a sizeable sum, then yes do it, however if it is near/or already SB there is little point in waking sleeping dogs.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks DX took out cc with HFC in 2004 sent for cca recived applicaion and letter stating they couldnt supply a recon. All marbles credit cards sold to BOS they couldnt supply a recon only current terms and conditions stopped payments about 18 mths ago.Account now sold to capquest .I told them account in dispute ,they said would investigate. Default from BOS has gone off CRA and now capquest has a default against me on there 2 infact for same account and they have now added 200 to the balance they bought . If i chase the PPI reclaim from original lender will this reset S/B clock. Thanks maxedout.

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Absolutely quality!

If they cannot provide evidence as to your contract between you and them, then they CANNOT process your persinal information with the CRA's as no such agreement exists!

 

Send these muppets a s10 DPA notice to stop processing your data, and issue the CRA with a formal complaint and exhaust their complaints procedure.

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802-No-CCA-Processing-your-data-Get-them-a-huge-fine

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB am I right in saying if HFC or BOS supplied a recon they could process info on your CRA as they stated in wrighting they can't supply a recon capquest can't do it because there is no contract available ? Thanks maxedout but hopfully getting there .

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  • 5 months later...

Cr@pquest can do what they like,

but I would be inclined to let the CRA's know that the information they are allowing to be placed on your file is factually incorrect

and they should either remove it in it's entirety OR tell cr@pquest to conduct themselves lawfully and correct the misinformation,

failing that you reserve the right to bring legal action against both the CRA and Cr@pquest for defamation and will seek damages.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 1 year later...
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