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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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letter i will send to DCA


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Please can anyone advise if it looks ok.

 

This loan was subject to numerous charges, and additional penalty interest, which I would like to challenge. Also I would like to challenge the mis-selling of payment protection insurance which, when I tried to make a claim due to redundancy, suddenly became invalid.

I wish to inform you that I believe the original debt contained unlawful charges, and I wish to seek redress over the faulty payment insurance.

 

In order for me to challenge the debt I sent a statutory request for documents as per the Consumer Credit Act to the AKTIV KAPITAL (UK) Ltd.

 

I also sent a SUBJECT ACCESS REQUEST UNDER THE DATA PROTECTION ACT at the same time to the original creditors.

 

I wrote to you on 21st June 2006 via recorded signed for delivery,

Requesting a true copy of the signed agreement under the terms of the sections. 77(1) and 78(1) of the CCA 1974, I also enclosed the statutory maximum fee of £1.00 in the form of a postal order.

 

The letter was received by yourselves, A response letter was sent to me acknowledging the receipt of this request I had made and you informed me you would investigate further.

 

I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request.

 

You have repeatedly informed me that you will be trying to obtain the information.

 

After 12 working days AKTIV KAPITAL became "in default", and cannot seek to enforce the debt whilst that status remains. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

After 30 calendar days AKTIV KAPITAL have committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued. This will result in a report being submitted to the relevant statutory authorities. If you persist with trying to collect this debt I will raise this with Trading Standards, and the FSA.

 

Should you still decide it is worth pursuing the matter through the court, you will first have to explain to a Judge why you failed to provide the documents within the CCA time limit - and seek permission to proceed with the action,

I will also make a counter claim for northern upholstery to comply with the Data Protection Act, compensation for mis-sold payment insurance, and an estimated refund of charges and penalty interest.

 

Of course....if you do come back to me with all the relevant evidence, and show me exactly how you have calculated it, and deduct all the amounts that were unlawful and the money that should have been paid through the insurance, then I will happily agree to pay you what I owe. Of course it will be at a monthly amount that I can afford

 

I do not acknowledge any debt to AKTIV KAPITAL (UK) Ltd.

I will no longer be making payments against this "debt" as it is unenforceable.

Therefore, I am under no legal obligation to pay you.

REWARDSNOW AND CREDITSCOREMATTERS ARE NOW GETTING THEIR COME UPPANCE, I WILL MAKE SURE OF THAT

 

Grabby bank are the thorn in my side.

Claim issued 31st may 06

Served 5th june 06

Judgement obtained 20th june 06

Claim amount 1305.19 inc costs

CCA letter sent to Activ Kapital (now in default. 60+ days have passed)

CCa letter sent to Close management(21st june no response what so ever)

Data Protection Act letter sent to Black Horse(21st june no response so far)

Data Protection Act letter sent to First National(no response either.)

DFS has succumbed to my request for a new suite as the last one was not fit for purpose

All letters sent recorded and signed for.

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second part about making payments:

 

Of course....if you do come back to me with all the relevant evidence, and show me exactly how you have calculated it, and deduct all the amounts that were unlawful and the money that should have been paid through the insurance, then I will happily agree to pay you what I owe. Of course it will be at a monthly amount that I can afford

 

 

i would advise leaving that out

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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If the trader fails to comply with a request from a customer or surety within one

month from the end of the 12 days, he commits an offence. Until he does comply

with the request, he is not entitled to enforce the agreement.

The trader need not comply with a customer’s request if he has complied with

a similar request, relating to the same agreement, made less than one month

previously, or if the customer does not or will not owe anything under the

agreement, for example, because all instalments have been paid.

Copies of certain documents (for example, Acts of Parliament and government

publications), although referred to in an agreement, need not be supplied.

-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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