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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DCA threatening CCJ - 1st credit & Citi financial

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coledog

coledog

Posted
Posted

Can you describe the agreement - is it a 'reconstituted agreement' i.e. lots of terms and conditions or something else?

 

How old is the original card and when was the last payment to Citi? You said that you made payment in 2008 was this to 1st Crud?

 

I am also having problems with Citi but another DCA but there are a lot of people who have dealt with 1st Crud so don't worry.

 

I will post a SAR request that you can send to Citi but give me a minute.

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coledog

coledog

Posted
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SAR Request

Subject access request letter attached to send with £10 postal order - send recorded delivery and sign over the dotted area at the bottom. They have 40 days to reply. They have 40 days to reply. Adapt the last paragraph to give any previous addresses that the OC may have and attach a copy of a utility bill or they will write back and ask for one.

The Data Controller

Citi Cards Services

CitiFinancial Europe plc

PO Box 49920

London

SE5 7ZF

General SAR template.doc

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coledog

coledog

Posted
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I think I know what it is as I have got one. They show only name and address. Then the name of the lender then pages and pages of terms and conditions. One set is with the Associates or whatever they called themselves, I believe and the other bit is with Citi. They have obviously been recently reconstructed and printed out.

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coledog

coledog

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Correct - I have received Naff all from Citi, not even the recon they sent HFO as they claim they can only supply this under a CCA request. They are unable to supply any letters they sent me as these are generated and not keep on file, they claim. I would suggest that you leave it as is and see what 1st crud do next - not much I suspect as there is too little documentation. There are a raft of complaint that could be lodged against Citi as they have not retained the correct data in any shape or fashion but the companies that bought into this are stuffed also.

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coledog

coledog

Posted
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Standard threat, I would ignore to be honest. If you were to offer payment this would be on your terms not yours. If you do get a letter from the 'solicitor' you can send a more legal request under CPR again assling for documents.

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coledog

coledog

Posted
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You should note that we do not routinely keep copies of all correspondence sent to customers because the majority of our letters are issued by our customer management system, and this does not maintain any records beyond the letter type and the date the letter was sent, and generally this information is only held for a two year period.

 

 

 

This is the killer in my opinion, it was in my SAR response also and should be the core of a complaint to the authoritities

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coledog

coledog

Posted
Posted

Check this out

 

Door step

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members

Report them to OFT as 1st Crud are under an official warning already

On the evidence provided they have no chance in court so are resorting to threats

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coledog

coledog

Posted
Posted (edited)

If the account is disputed - they should not be ringing or contacting you - report them to Consumer Direct (Trading Standards) and OFT. Do not ring them or provide a number. You could send them a quick reply saying that you are in receipt of their letter dated ..., as the account is in dispute you will only communicate with them in writing and will complain about their continued harassment to OFT and Trading Standards. Send recorded

 

Trading Standards via http://www.consumerdirect.gov.uk/contact

 

OFT http://www.oft.gov.uk/

 

 

OFT Guidance link

 

This helps when drafting a letter to OFT

 

http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance

Edited by coledog

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