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    • no that is not a defence. because you don't have a photo
    • I purchased the vehicle using finance through motonovo under a HP 60 months agreement. I have now amended the document ensuring all is in black. Unfortunately, this email has now been sent. However, I have not sent a letter to big motoring world. Also, I have taken the section of the firealarm issue. I am struggling to convert to PDF. I am not tech savy at all. My mistake was that the the salesman was very fussy on a sale. We went down a quiet road for a little test drive and not for a lengthy road test. The water issue was not present at this moment of time. However, it only became prevalent after driving away, after all docs signed. I did stated to Audi I wanted a diagnostic report. However, they carried out an Audicam which is footage of the issue. Audi have diagnosed the issue as a common issue where coupes/cabriolets accumulate water in the seals. However, I did state beforehand for no issue to be rectified due to me wanting to reject the vehicle. I am awaiting a report from Audi through email from the branch manager in relation to the issue. The issue so far is the water still being present in the sills. Audi tried to fix the issue however the problem is still prevalent. Regards 
    • First begging letter received from Overdales   ;Blah blah blah, our client's are going to win this blah blah blah we supplied all your documents under CPR   PS you can stop all this by paying £1200 less in a lump sum
    • Right,  so the court hasn't send out the Directions Questionnaires/N180s yet. PE's one is a false one, meant to intimidate you into thinking your defence was rubbish and they are confident with their claim. This is par for the course.  The PPCs do this regularly. However, PE have gone further and written that "a copy has also been filed with the court" which is a lie as the court haven't even sent out the papers yet. Keep a screenshot of MCOL, later on in your WS you can draw attention to their lying and abuse of court procedure. If you've got time on your hands, then complain to the BPA about one of their members lying.    
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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 
        • 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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