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    • thought your story rang a bell. https://www.consumeractiongroup.co.uk/topic/416315-knightsbridgecreditfix-iva-treated-me-very-badly-thinking-of-bk-now-help/ you vanished and never cameback. dx  
    • and it legally informs them of your correct and current address as you must do with all old debts last paid/used in say 7 yrs you dont want backdoor CCJ's. what were the names of these IVA scammers, the one you took it out with, and the one that scammed you to let them take over please? your story is slightly worrying. dx  
    • Incidentally, congratulations on not buying the warranty. That is another Big Motoring World rip-off. See what we have to say about extended warranties and the Big Motoring World attitude to them is particularly unhelpful
    • well that google is from 2019, but the photos are certainly of someone driving on the public highway in/out by an ANP system, though the site of where the camera actually is, is not showing there are anpr cameras up by the low yellow barriers but they wont get from facing shots from there. interesting, needs to be checked if the road IS a public highway but on private land, cause as you say, if the whole area is max 4hrs , how does the hotel work< ?? must have a reg entry system.  now as for taking pictures of cars on a public highway then guessing the are parking ...erm.... i dont thnk thats right nor allowed under GDPR. dx  
    • Under the consumer rights act 2015, if a defect manifests itself within 30 days and you have a right to return the vehicle for a full refund. If any defect manifests itself within the first six months of ownership then you have a right to return the vehicle for a full refund subject to the retailers right to carry out a repair. If the retailer declines to repair or if the repair fails then you have the right to return. The problem here is that you have to assert their right. It's a bit ridiculous – but you have to do let them know preferably in writing that you are asserting your rights under the consumer rights act either the 30 day right or the six month right. I suppose that you haven't done this – which would be quite understandable because most people don't know that these rights exist and that they are subject to these conditions – the condition that the right must be inserted. It is frankly ridiculous. The dealers know it and we have lots of instances of this company delaying appointments et cetera and our strong suspicion is that they are simply trying to run their customers out of time. On the basis that you haven't asserted your rights, we now have to look to ordinary contract law. You are entitled to purchase a vehicle which is of satisfactory condition and which remains that way for a reasonable period of time. Clearly it is in satisfactory. They are blaming you. Has your independent inspection identified the reason for the defect? This will be important because as you have seen BMW are already saying it is down to your driving and you are going to have to produce evidence that it wasn't down to your driving and the you drove it absolutely reasonably and it was simply the condition of the car. Have you been without the car for any period of time. Is it driveable now? If the car was off the road for a substantial amount of time and was still off the road then you would be able to argue that this is a fundamental breach of contract and that you have been deprived of substantially the whole benefit of the contract and therefore you will be entitled to treat the contract as breached by Big Motoring World and insist on cancelling the contract. It may be that you will eventually be obliged to keep the car but have the repairs paid for. Have you had any quotations for the work that needs doing? I asked you questions about the MOT – but you haven't responded.
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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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"Share" data on call credit file. 1 over 6 years old and 1, 5 years old. Can these be used?


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Hi,

 

I finally received my credit report from call credit. It is completely clear apart from a section on "share data" they define this as data that can be viewed only by companies tat sign up to their share data group. The problem i have is that i have a defaulted bank account for 2,651 which i thought defaulted over 6 years ago, however it states on here it defaulted in March 2006. There is also another account which defaulted in august 2005 ( so over 6 years old) and is associated to me even though the name is not mine, but very similar. No idea what this is in relation to.

 

I really need some advice on whether i need to try and make an arrangement to pay the first one (make an offer? if so how much?) and what do i do about the other one?

 

Thanks in advance

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Now that you have checked your credit file it will have been flagged to any creditors & no doubt they will be in touch. When they do you need to make them prove a debt exists and they have the right to collect. Given the dates you mentioned it is likely that one if not both are Statute Barred.

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Thanks for your reply.

I've drafted a complaint letter in relation to the debt that is not in my name and is over 6 years old. The biggest problem I have is the biggest debt that apparently defaulted in March 2006. I have a mortgage application pending which is waiting for me to sort this out. Long story, but they initially approved me but then somehow got wind of this shared data and have now put it on hold until i sort this out.

If i contact the credit agency who is holding this debt to make an offer of payment and clear the debt, this will be on my report for another 6 years, where as if i keep my head down for another year then that will be totally removed from my file. If i make contact with the agency then that will put a stop to any statute barred time that i have already accrued.... I have no idea what's the best thing for me to do is. I'm just really confused about this shared data thing as there is nothing showing on my experian report. Any more advice you have would be gratefully received..

 

Thanks

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If you have no financial association with the other party it should be removed immediately from your credit file. A default should only remain on your credit file for six years from the cause of action which in effect means it should be dated one month after you last made payment. Once a default drops of a file it cannot be re-registered.

 

Even if you contact the creditor or debt collector to offer payment it it is highly unlikely that they'll remove the default.

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