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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
      • 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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Motormile Finance DCA- Doorstep Visit **


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OH you are AWFUL she's from the ad agency the real one a MOOOOOOOOOOOOSE:madgrin::!::jaw:

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I take these are the old fashioned herbal Asthma fags one sold in chemists all over Britain:madgrin::smokin::smokin:

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, HH I certainly sold at Boots when I did my apprenticeship in pharmacy the sixties along with

dispensing prescriptions for purple hearts:madgrin::whoo:

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I can well believe it... Brilliant,, my poor mother was a legalised junkie, the GP's dispensed uppers and downers to the council estate mothers like smarties. Still remember when she gave me a Tuinal to help me sleep when I broke me ankle while on leave, flipping heck never got out of bed for two days. Oh boy them poor mothers of the sixties Amphetamine tablets in the morning can't remember for the life of me what it was called then either Tuinal or mogadon at night.. No wonder she is Barking mad now poor bugger.

 

what an era things so simple. Damn shame I was too young....... Hippy had to do the 70's instead.. But hey that was a great time to,,, till I joined the Army and ended up on the Falls road with everything but the kitchen sink coming at me...damn recruiting Sergeant, told me I would see the world, plenty of sports and meet interesting people.... Bloody could have gone to Kilburn for that ****e...

 

So hey,,, what's a few debt collectors in the grand scheme of things..

Edited by Happyhippy1959

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Much the same for me after qualifying hating retail pharmacy, joining up

Med Corps.and Sandhurst then bl**dy Malaya then Belfast for 3 months.

How about good old Kilburn,my wifes' from their and me from the east end to Finchley

and The Israeli protectorate of Goldstein Green where the Rabbi tried to turn me into a good yid as he

put it:rockon::rockon:

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Too late Hippy done at two days old the good old schemekle ectomy:roll: but I still like bacon butty:madgrin::flypig:

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Reminds me of the the old joke about the two squaddies stood at the urinal.

 

The first squaddie says "I see that Rabbi Cohen performed your brit milah",

 

The second surprised asked how he knew that.

 

"Easy" said the first, "You've just slashed all over my boots". ;)

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At least I don' remember the Bris, brings tears to the eyes just thinking about now:jaw:

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  • 1 year later...

If they thought they had good case they would. However Pdls rarely take people to court. The majority of times, they only take people to court if they think they can get a judgement by default. Once a defendant submits a defence the pdls usually run with their tail between their legs or offer huge discounts to try and settle out of court so a judge can't see what they are doing.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If they thought they had good case they would. However Pdls rarely take people to court. The majority of times, they only take people to court if they think they can get a judgement by default. Once a defendant submits a defence the pdls usually run with their tail between their legs or offer huge discounts to try and settle out of court so a judge can't see what they are doing.

 

what is a judgement by default?

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you dont turn up!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi

 

These people are absolute parasites.

 

I sent them a letter asking them not to visit my property and asked for

a copy of the original signed CCA,

a statement of account,

proof of who owns the debt and

a copy of their complaints proceedure.

 

What did they do?

 

A week later they had the bare faced cheek to write back and tell me I hadn't replied to their first letter with this new letter titled, "Notice Of Visit Without Appointment".

 

I'm sure the OFT would love to get their hands on these idiots.

 

They are a pain and I have written back to them reminding them of their legal obligations

and that also I will be gathering evidence against them in readiness for prosecuting them.

 

I have also reminded them that if they show up I will call the Police and have them prosecuted for breaching the protection from harassment act 1997.

 

Anyone else found the letters just go unnoticed?

 

Regards

 

James

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This is the way almost all PDL's operate unfortunately. Thats why CAG always advises people to keep a copy of what they send, just so you can counter scenarios like this.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just be aware that these letters have NO human input,

they are all computer generated and then spat out on a regular cycle,

so until someone tells the computer to stop sending out their childish empty threats, they will continue to do so.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have had communications from these clowns for the past year and then it all stopped and now started up again,

having done a LOT of research both on the legal ramifications of DCA's and also statutory consumer legislation, notwhithstanding the law on debt.

 

I have concluded as follows.

 

1. Unless the creditor send YOU a letter confirming that the debt has been sold as part of or separate to 'a bad debt bundle', they're shafted.

Creditors would rather get £20 for a £500 debt as something back rather than nothing,

so DCA's like Motormouth buy large bundles of bad debts,

if they manage to secure a repayment plan and collect thw whole debt, they're QuickQuids In (pun intended).

 

2. MMF appear to not like playing by the rule of law, they are notoriously not contactable by email,

I have tried all sorts of tricks to get an email inbound and it fails every time,

WHOIS searches also don't give any firm contact, they LIKE telephone contact,

offering a freephone number as they have persuasive agents who are commission based,

they'll be your buddy, your best friend so long as you cough up the sovereigns,

 

3. They, as all DCA's have NO power in law above you and I, they are a private limited company by share,

owned by directors (ex illegal moneylenders probably who went to the wall when Payday loans kicked in).

 

4. The grounds rules are NEVER call them, EVER, if they send a text message ignore it, if they call ignore it,

most DCA call centers have auto responders, which permanently dial the known numbers of debtors,

should you answer there's a slight pause and it connects to an agent, they use pseudo mobile numbers to allude you to pick the call up,

many people ignore landline numbers but will answer a strange mobile number (and we have YOUR number MMF!)

 

5. They don't like emails ( a valid and quick legal way of communicating).

 

6. So, contact by post only to their head office address or if you want to be smart

and send legal notifications to them send them to the Registered address for service.

 

7. Always send by Recorded Delivery, NEVER give a legible signature on a letter,

I have heard of DCAs copying and pasting sigs onto agreement forms, nasty way to do business.

 

8. If the debt is big enough or if you owe multiple creditors and they have a bundle which would earn a tidy sum then

they will probably attempt a visit if you're local to one of their misbegotten offices, failing which its just letter after letter after threatening letter.

 

So, how to deal with pond life like Motor Mouth Finance?

 

One very easy and simple solution, street legal (they and TV Licensing know this!) and basically they're screwed.

If they can PROVE they own the debt, and its not in dispute between you and the original creditor they 'may' try court action,

but the courts are now very wise to these scumbags and rarely find in favour.'

 

'WOIRA' - remember the acronym, WITHDRAWAL OF IMPLIED RIGHT OF ACCESS

 

A legally binding notice from a householder, doesn't have to be legal owner or landlord or property, as a tenant you have this absolute and irrevocable right in law.

The only TWO organisations that can bypass this is a) The Fuzz and b) if they believe you're watching TV illegally, the Capita cowboys that run the TV licensing contract

BUT they have to have a search warrant first AND have reasonable grounds to suspect

... mere possibility is out of the question. You need to send MMF a letter by recorded delivery (and keep a copy AND receipt)

saying something alongside the text below, this is legal and prevents them by law from any agent,

collector or person remotely associated with the business from attending your property or setting foot on it,

to do so is the civil offence of trespass for which your remedy in law is to sue, if they repeat visits it becomes trespass with harassment a more serious offence at court.

This kicks the cowboys into the long grass, DCA's would rather you didn't know this as it is such a strong weapon but not widely known

(Bailiffs especially hate it as they LOVE home visits. TV licensing became so concerned about the threat of action from householders that they created a new policy document to cover it, it really is THAT powerful !!)

 

The format of your letter only needs to look similar to that shown below to be off effect.

 

" 14.07.2012

 

 

 

LEGAL NOTIFICATION

==============

 

 

 

I reply to you by recorded mail in response to several text messages and

attempted telephone contacts to the above alleged debt. i have not

received to date by recorded delivery any deed of transfer nor deed of

assignment of the debt from the purported and alleged creditor.

 

 

I 'YOUR NAME', give formal notice of WOIRA, 'Withdrawal Of

Implied Right Of Access' to the property known as 'YOUR ADDRESS'. This notice prohibits any

visitation by any operative / agent / person / or body corporate from

attending the above property without revocation of WOIRA or by prior

written rescission of same. This WOIRA applies to Motormile Finance (UK) Ltd and its authorized agents or third parties connected with them.

 

 

Take notice that should you attempt to enforce a 'doorstep collection'

process, you will be committing the offence of trespass in law and legal

action will be taken against Motormile Finance UK Limited, by service of

a notice by recorded delivery at court to the following address ;-

MOTORMILE FINANCE (UK) LTD - SANDERSON HOUSE STATION ROAD, HORSFORTH,

LEEDS, LS18 5NT, and of which the company registration is 06637307

 

No further communication will be entered into on this matter, nor will

any letters, telephone contact attempts or text messages be replied to

or complied with. Further harassment for alleged debt will be met with

the full force of the law as circumstances dictate.

 

Yours,

 

 

'AN ALLEGED DEBTOR' "

 

This ladies and gentlemen will p1$$ them off immensely. Have a good day! :wink:

Edited by DCA Hater
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Very nicely put DCA hater,

 

can you answer a question, If a DCA say's that

 

We are writing to give you notice that by agreement between blash and us the parasite DCA the outstanding balance owed on your accout to blah blah comapny

has been assigned by blah blah to Parasite DCA limited together with all rights and title to interset in respect of the outstanding balance

this means the outstanding balance should be paid directly to us

 

Does this mean they have bought the debt or should they say we have bought the debt.

 

Also I have had no notification from Blah that they have sold the debt.

Is this as I think smoke and mirrors, it is for a disputed home insurance I did not require due to leaving the home so I wrote and cancelled.

after four months they write and say we could not pick up January and February premiums. e-mailed them copy of letter sent..

 

my God this was for £58 and has been through 2 DCA's and it has risen to £166.

 

I have no intention of paying this and yesterday a letter from there pet solicitor well known on this site gives me 10 days or else Northampton CC...

Edited by Happyhippy1959

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rights and tital

 

that should be rights and duties

 

equitable or absolute assignment ????

 

if i got one on those assignment notices i would ignore it myself unless served by recordable mail or a process server as to section 196 law of property act 1925

 

but thats me, only you can make that decision

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