Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Moorcroft chasing Lloyds loan now sold to 1st credit


intend
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1964 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Standard default notice as required,

you have payments arranged so no

response needed I think.

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:

Link to post
Share on other sites

  • 4 weeks later...
  • Replies 395
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

That's sad news Intend, but there are jobs out

there my 18 year old granddaughter who has an

8 week old baby has just achieved a modern apprenticeship

doing an NVQ as an adminitrator in one of the largest

estate agents head office.

As Boo says priorities are family and health and well being.

 

Brig.

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:

Link to post
Share on other sites

  • 3 weeks later...

Hi Intend I would think that the whole balance

has been called in for immediate repayment and

if it has not been paid in full then it is in arrears.

 

Brig.

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:

Link to post
Share on other sites

Hi Intend,

Please believe CAG and the subscribers to it is

not running scared of anything,there have been

changes due to case law, one can no longer

rely on faulty or missing paperwork to indicate

possibly unenforceability, continue always to

challenge documents if the is a reasonable chance

of success, but to rely on the non production of

a CCA will now not necessarily keep the matter out

of court with recon documents if properly constucted

can be acceptable.

The DCA/creditor cannot enforce a debt in court

without an agreement, but they can still start action,

and pursue collection, they could at any time produce

a recon that MAYOR MAY NOT BE COMPLIANT,

here is where the balance of probabilities enters

the fray, a lot depends on the the back up evidence

to go with a recon.

Brig.

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:

Link to post
Share on other sites

So right intend, I see others problems on a daily

basis I try to keep abreast of all the developments

it hurts me to fail on behalf of others but English Civil

Law progresses on a daily basis to so I keep learning

even though struggling sometimes to see reason for

some judgements.

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:

Link to post
Share on other sites

  • 2 weeks later...

I agree CB the agreement in place is paramount,

a court would be reluctant to vary it.

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:

Link to post
Share on other sites

Hi CB My belief is support sence and correct ignorance

you do a great job:madgrin:

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:

Link to post
Share on other sites

  • 1 month later...
  • 1 month later...
  • 2 months later...

Hi Intend, time for the ''I can not confirm or deny

any liability for the alleged debt as none of the information

I have requested to enable me to validate the alleged account

has been provided.

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:

Link to post
Share on other sites

Hi Brig - thanks for advise - looks great to me short and to the point - how about ending "will not enter into any further correspondence until such information provided"

 

Intend

OK!!

  • Confused 1

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:

Link to post
Share on other sites

  • 4 months later...

Sorry to hear about your family problems I hpoe the liitle one will be fine.

 

Worry not about Wescots doorstep collectors no authority what so ever if they turn up invite them to leave forthwith.

 

Annoy them send a CCA request again!

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:

Link to post
Share on other sites

  • 2 weeks later...

Hi Intend, Schemeing bunch,

 

To Nelson Guest

 

Ref: as on their letter.

 

Sirs,

 

I am in receipt of your most generous offfer of a discount on the alleged debt for £xxxxx , as you are well aware, presuming your ''client'' has informed you that this matter is in dispute as your client is in default of a lawful request made under section 77/78 of the Consumer Credit Act 1974 to produce a fully compliant copy of the regualted agreement pertaining to this account I am sure you are aware of the limitations this places on their actions.

 

I also notice that correspondence suggests that ''payments'' can be made by credit card encouraging alleged debtors to borrow further to meet the alleged debt, I sure you are aware of the OFTs take on this matter.

 

I cannot therefore acceed to your request to phone you or to agree to make any payment reagarding any alleged debt, for which I make now acknowledgment of liability.

 

RD intend let me know what happens.

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:

Link to post
Share on other sites

intend

as bb says, dca's only act on 'instruction' and all they can do in the end is send the matter back to their client with their 'recommendation' which carries no real weight! unless an original creditor then instructs a dca's solicitor (not the dca itself) re legal action (unlikely, unless it is creds own sols as well), then all can be ignored if so wish. ie orig cred is on notice re 'dispute'. orig cred would prob either send out again, or try and sell on.

 

It has to be remembered that many DCAs are in fact the collection arms of large debt purchase companies, so one should exercise care as their recommendation to the parent company will have weight.

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:

Link to post
Share on other sites

  • 5 weeks later...
Hi Brig - will attempt tonight, need to get printer out to send off a SAR for OH. Now we have daughters finances under our control rather than banks/dca, looking to clean up own situation.

 

Cheers

Sounds like good progress my friend!!!

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:

Link to post
Share on other sites

That's an odd one not a DN nor is it a notice of intention to place a default imo.

 

I'll ask the team to take a llok.

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:

Link to post
Share on other sites

  • 1 year later...
And as for Moorcroft treat them with a much contempt as want. They have no legal right to demand ANYTHING off. it doesn't mattter if they say Our client this and out client that. ** YOU DO NOT HAVE A CONTRACT WITH A DEBT COLLECTION AGENCY** ( unless you decided to enter into one ). You contract is with the bank and they've terminated the contract then there isn't one to be held to

Wrong if a debt has been sold the rights of the account go with giving the debt purchaser/DCA the right to collect the deb as " the new beneficial owner". therefore you do have a contract.

 

 

The debt purchaser may assign the right to a debt collection agency to collect/manage the debt.

 

 

This more FOTL nonsense again and it has no merit.

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:

Link to post
Share on other sites

Then the original creditor can assign the collection and management of the debt to a DCA, your argument is flawed,

try it in court !!! You will be laughed at.

 

If not sold on the original creditor has every right to assign a DCA to collect/manage a delinquent account end of story!

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:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...