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    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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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How can I remove a Duplicate CCJ


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Guest katzcafe

Hi, I have a CCJ which is duplicated on my credit file, I notified Experian in May that it was a duplicate, and on the report I received recently it has an entry saying it has been queeried but it is still there! :-x

I'm writting a letter later to ask them to remove a couple of expired defaults, what would be the best terminolgy to get this corrected?

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  • 3 weeks later...

Is it from the same company - same amount etc?

If it is I would get a check done at Registry Trust and if the CCJ has been listed twice with them get them to explain why.

Get proof if it there twice.

This happened to me and it turned out that Capital Bank had requested a discovery notice first to see if I was worth chasing for the debt , decided I was and issued a CCJ. The CCJ is then meant to carry the same case number as the discovery notice only in my case Capital Banks solicitor issued a seperate form for it and I ended up with two CCJ's. It was in 2003 that I first realized it and it took ages to sort out.

Eventually after several Data Protection Act's to all concerned (including the solicitor working for Cap Bank)and numerous letters one was eventually removed and the other marked as satisfied.

You should also contact the company who issued the judgment.

Also check if they registered any default notices. In my case Cap B had registered two defaults both dated after the CCJ date. They were both removed as it a breach of DPA to register a default after a judgment.

 

I'm in NI but I would imagine you can do an online check @ Registry Trust to see whats recorded against your name.

Start there as while I am sure that the CRA's share responsability for keeping our data correctly it will be quicker to start at the source of the problem.

 

Good luck

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A simalar thing is happeming to me on checking my credit file i noticed that a Default had been registered quoting an account that had been closed in 1995. At that time a ccj was issued and was removed in 2001 as per the 6 year rule.I then looked in the part of the report that gives information on new account applications and there was an entry for me apparrently applying to open an account with the NW at the same date as the default was updated . I have contacted the Nat West twice now and both times they said yes the entries were incorrect and they would look into them but they are still there.

Should i ssend the 1974 cca request to nat west,or should i contact the registry first.

On reading other postings on this furum the NW have no right to be proccessing information on an account that has been closed for 10 years anyway.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Registry Trust have no connecion with dfaults being reported onto your credit files.

I would say dont bother with the time scale for DPA just write & tell them to remove the info pronto or you will ask The Information Commissioners Office to assess the case for you. They have already admited that the info is incorrect.

They were obviously tracing your report to see if you had any credit showing that would make you worth passing to a debt collection agency.

If it is over six years with no comunication tell them now that you believe the debt to be satue barred and that incorrect info has to be removed ASAP.

 

What date is showing as the default date?

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Registry Trust have no connecion with dfaults being reported onto your credit files.

I would say dont bother with the time scale for Data Protection Act just write & tell them to remove the info pronto or you will ask The Information Commissioners Office to assess the case for you. They have already admited that the info is incorrect.

They were obviously tracing your report to see if you had any credit showing that would make you worth passing to a debt collection agency.

If it is over six years with no comunication tell them now that you believe the debt to be satue barred and that incorrect info has to be removed ASAP.

 

What date is showing as the default date?

The current file reads Started 07/04/95 Defaulted 02/08/03 But rhe account was closed on 07/04/95 and a default was issued later the same year followed by a ccj.

There is a application for a joint mortage listed on 02/08/03 which i of course never made. It seem like they have ignored the first notice made in 1995 and after no contact for 8 years have decided to re-issue a default. I do not understand how this can be done unless they used the ficticious application to open an account in 2003 and then immedialatly defaulted it. I still have all the orriginal bank statements and county court paperwork. I have had no contact with them at all for 11Years.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Send the CRA cpoies of the court paperwork with a letter explaining that

 

42. The Registrar does not see any inconsistency in the filing of defaults in relation to debts

which the lender has also sought to recover through a CCJ. Of course, the default must not be

filed as having occurred after the date of the CCJ.

43.

Similarly, the Registrar is satisfied that a lender may file a default in relation to an

account that is included in an IVA or bankruptcy as soon as it receives the notification. In

principle such a default should be filed as occurring no later than the date of

"no inconsistentency is seen in the filing of defaults in relation to debts which the lender has also sought to recover through a CCJ. Of course the default must not be filed as having occured after the date of the CCJ.

42. The Registrar does not see any inconsistency in the filing of defaults in relation to debts

which the lender has also sought to recover through a CCJ. Of course, the default must not be

filed as having occurred after the date of the CCJ

 

Tell the CRA you do not want a notice of correction or for them to investigate the error you expect them to remove the information ASAP as you have proved to them that the default is a breach of Data Protection.

The quote is from The Information Commissioners Office guidelines for CRA's but it was so long ago that I used it I have forgotten the section number.

 

Send the same to the lender but also send the lender copies of what they have reported on your credit file and tell them you may sue for distress and damages as they are reporting deflamatory incorrect information.

 

This should do the job.

BTW what way do your 0's or lack of 0's under your info look like?

 

Let us know how it goes :)

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Tanks for that i will get straight on it and let you know what happens.

 

The Credit report 0 is in square brackets in red with the nuber 8 inside there is just one of them.

 

Cheers Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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