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    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe? 
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
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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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HFO Again!


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Complaints to Consumer Direct and OFT, definitely, as we know there is a contact there looking at HFO so the more complaints that are brought to their attention the better. Ensure that you directly send OFT all the correspondence from HFO and a log of their calls and content (recordings too if you can get them). No need to quote their guidelines although it is worth looking at these but do emphasise the distress this is causing you.

 

OFT do not deal with individual cases but do compile a dossier of all complaints and are the only people who can do something about this company. Trading Standards can be helpful but can also be busy and understaffed so not always sure that they pick up on everything and pass it on.

 

HFO are not necessarily 'breaking the law' as such but there is guidance on how they should behave

 

 

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

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Any complaint made via Consumer Direct will be accesible to the OFT. They no doubt run database checks to see the latest trends etc

 

I am unsure whether they actually WANT people to send stuff in to them or whether its a hassle for them. Afterall if they require evidence they can always phone the complainer back from Consumer Direct data.

 

Also bear in mind many TS departments take responsibility for businesses in their areas, and if one particular company is causing a lot of hassle to consumers in their area then they will look into it. Therefore, things should not totally bypass TS (hence why CD is the best as it makes the data available everywhere).

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  • 3 weeks later...
Hi just a quick question - can a DCA take you to court with just a credit agreement but no statement of account? How can they tell what has been paid off from the loan already?

Cheers

 

Yes they can make a claim without any documents.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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They can make a claim, but thy may have great difficulty in convincing a judge of the true facts - so would you I am afraid, it is a bit of a lottery

Please support CAG and they will support you.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Just a little update - HFO no longer write to us since the statute barred letter but they do phone once a month (usual rubbish). However I thought I would warn people I am 99 percent sure they phoned this week pretending to be another company angling for a mobile number. They have been desperate to get a mobile number for a while - not sure why as we do answer the house phone. Anyway just thought I would warn people to be careful who you are talking to.

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WHY are HFO phoning you after you have informed them that this is SB? They should not be contacting you at all!! Please have a look at the OFT guidelines http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance . I would also suggest that you give Consumer Direct a ring and lodge a complaint http://www.consumerdirect.gov.uk/contact

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Have complained a couple of times to OFT will try consumer direct. We have been writing down when they call - we haven't said to them when they ring that it is SB usually just hang up. I'm not really bothered if they do phone - its not very often and I think even the HFO woman is fed up with it. I did email and said I wanted to make a complaint about their telephone operator and asked for their complaints procedure but didn't hear anything back. Do you think I should write to them again and say they haven't sent an answer to the SB letter?

In addition Welcome have been rubbish and haven't sent us confirmation of who the account was sold to or a statement of account ho hum.

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OFT cannot intervene in individual cases but Consumer Direct can. I would suggest that you resend a copy of the SB letter to HFO with a covering letter asking that they confirm receipt of this letter and cease all collection activity forthwith. Add 'Copy to OFT' to the HFO letter and make sure that you send a copy to them. send to HFO by recorded delivery and check they have received it.

Please support CAG and they will support you.

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