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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.

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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.
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      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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Arrow have taken over Egg Loan


The Debt Star
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I agree MC, can you see the revision of

regulated agreement to exclude the DCA's

from being ''authorised'' third parties to

the agreement, which are included in all

agreements but rarely read by those signing

them and thus permitting the DCA's to Access

credit files even if they are on a phishing trip.

Myself I cannot see it ever improving.

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Arrow never did reply to my F&F.

They are cheerfully enough accepting payments direct though.

FOS have ordered Egg to pay up more PPI. How Arrow and Egg now resolve the balance problem will be interesting.

Doubtless I'll end up complaining about Arrow pursuing a disputed debt sum.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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they probably purchased the debt from egg for about 3 bob anyway.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Are Arrow under an obligation to keep the loan balance updated each month with the CRAs? Or can they just keep it showing as e.g. £6,000 on 1 July 2011 until the default / account drops off my credit files?

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Are Arrow under an obligation to keep the loan balance updated each month with the CRAs? Or can they just keep it showing as e.g. £6,000 on 1 July 2011 until the default / account drops off my credit files?

 

Ooh ooh I know this one!

 

Yes, the information shown on your CRA file must be correct and factual. That has always been the case, but I think new EU Credit Directive (sorry can't recall the exact name) has clarified who's responsible for keeping your CRA details up to date, which is the assignee (Arrow).

 

I had 1st Crud remove information on Equifax because it was not correct, out of date, and well passed its six year lifespan. Equifax and 1st Crud just complied with my request to have it removed.

 

HTH

 

MC

Edited by Master Chief
typo

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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cheers m8. right, a complaint winding its way to Arrow and the CRas then!

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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cheers m8. right, a complaint winding its way to Arrow and the CRas then!

 

Excellent. Mine will be going soon, along with a little suprise for the OC Egg.

 

I take the view that while they are being nice to me I shall not rock the boat, but when they start to play silly buggers then I will do likewise. I have in the last few days DSAR'd Egg with a view to starting a charges claim. The original loan was split use (part used to pay an Egg credit card) and there was defo PPI. Back in 2001 when I applied on-line for the loan it was followed immediately with a telephone call regarding why I had not selected the PPI option, I told them because I didn't want it. I then asked the lady if it was a requirement of the loan i.e. will I only get the loan if I accept PPI, to which she responded 'YES'. So I think I have enough to put a big fat spanner in thier works.

 

Why they won't just let sleeping dogs lie, I'll never know. They have to turn the thumb screws even though they have been getting the payments as agreed. Greed I suppose!

 

BTW: I have responded to your PM as requested.

 

All the best with your complaints.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Greed is their god.

 

I suggest you claim for mis-sold PPI, claim back the charges and trot this all off to the FOS for some compo.

 

My "Egg Top Up Loan" (their terminology) was a consolidation of an Egg card an older Egg loan. Throw in some single premium PPI and monthly PPI, capitalise that onto the Top Up Loan without the nebefit of the PPI, and then treat the customer with contempt. Egg passed me on to CapQuest who terrorised me for years until I came across this forum. From that point on I fought back. It will be interesting to know what Egg will do with the FOS approach, if they will appeal to an ombudsman or not.

 

Either way I'll fight them to the biter end ;-)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Update: Arrow have finally responded, apologising for not replying sooner due to "adminstrative oversight."

 

They have said that they are in contact with Egg.

 

They go on to say that they cannot consider a f&f while the account is in dispute and further state that all payments and future f&fs must be sent to their DCA, Wescot.

 

With regard to Wescot, I have already told Arrow that they should not be referring collection to a DCA on a prior disputed debt. I believe I am correct in this (OFT Guidance). Moreover, I have complained to Wescot telling them that they shouldn't be collecting on a prior disputed debt and that was more than 8 weeks ago and I haven't heard from them since.

 

Hitherto Arrow have been cashing my cheques.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi mate,

 

sounds like you are getting the run around. If Wetcloths 8 weeks is up with no response then I reckon that has to be a FOS job, do you have proof of delivery for your complaint?

 

OFT Guidance (must not say reg's as I had my wristies slapped today by a certain DCA for mistakinly saying regs instead of guidlines) I'm a bit out of touch with as it seems there have been some updates recently, certainly in terms of Unenforceable's in any case. Need more swatting time I think.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Compliance with the OFT Guidance 20003

and updates is a condition of the granting

and continuance of a Consumer Credit Licence.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Try the Guidance Document from the CSA & DBSG

in consultation with the OFT, on Format, use and

content of debt collection letters.

And OFT guidance on sections 77/78/&79 of CCA'74

on The duty to give information to debtors and

the consequences of non compliance on the enforcement

of the agreement.

Dated OCT.2010.

Dispels some of the long held myths on this subject.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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***DS, make some space in your inbox, please? :-)***

 

yes will do that right now! sorry!

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Try the Guidance Document from the CSA & DBSG

in consultation with the OFT, on Format, use and

content of debt collection letters.

And OFT guidance on sections 77/78/&79 of CCA'74

on The duty to give information to debtors and

the consequences of non compliance on the enforcement

of the agreement.

Dated OCT.2010.

Dispels some of the long held myths on this subject.

 

if it gives me something to work with it would be good

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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Hi mate,

 

sounds like you are getting the run around. If Wetcloths 8 weeks is up with no response then I reckon that has to be a FOS job, do you have proof of delivery for your complaint?

 

OFT Guidance (must not say reg's as I had my wristies slapped today by a certain DCA for mistakinly saying regs instead of guidlines) I'm a bit out of touch with as it seems there have been some updates recently, certainly in terms of Unenforceable's in any case. Need more swatting time I think.

 

MC

 

precisely my thoughts. yes i do have proof of writing to them. always use recorded deliv with the dcas. also against arrow, who have involved a dca in clear breach of the oft guidance

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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No, but you see it was in dispute before they bought it. I simultaneously wrote to Arrow and Wescot pointing this out. In Wescot's case I formally complained. In Arrow's case I have not complained, just pointed out the existence of a prior dispute.........

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I am not being pedantic but was

there at any time a final response,

I lost a case last week on FR and

sale and assignment of a debt in

''dispute'' because of a missed

last line in normal type face

''This is our final response.''

after this has been sent they

will sell assign or issue CC claims.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Point taken, for sure. No, no FR from Egg as it was still with the FOS when they assigned it; amazing but true. No FR from Arrow (obviously, as I haven't formally complained to them yet) and no FR from Wescot.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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the whole fecking saga hasbeen odd from start to finish. that said, egg treat customers with good credit in an appalling fashion as well so I shouldn't be surprised.

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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