Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • Our picks

    • 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
        • Like

Lowell and GE Money bhs gold Storecard Default notice could be unlawful/defected ?


24233513afw
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4579 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

most if not all of the 'paperwork' getout of debt free

arguements are now invalid thanks to the reclaim co's

 

why are you disputing this, not your debt?

 

have you any previous threads running on this same debt

with the bagkground history?

 

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... 

Link to post
Share on other sites

Can somebody please advise me if this copy of CCA is enforceable, any advise would be appreciated.

 

Rate of interest and APR are in there.... which would make it ahrd to defend o unenforceabioity grounds, IMO.

 

most if not all of the 'paperwork' getout of debt free

arguements are now invalid thanks to the reclaim co's

 

 

No true DX. Difficult due to DCAs cherry-picking the bits of Waksman they like, etc..... but the arguments are still very valid.

Link to post
Share on other sites

Hi PriorityOne and dx

 

Have checked all my past thread and dont have one running for this debt.

 

Was going to try and dispute this debt, especially with all the payments and interest I have paid them over the years, lots of charges too, however cant claim through FOS as the charges where too early and dont have the strength just now to take it to court, (Husband very poorly and has been for sometime now, but I;m feeling the strain of it all and to top it we have a new DCA that CL Finance have sold this too (dont want to mention there name as they monitor this site according to othe Cags).

 

I thought with it being a store card application form that I filled in the store at the time of applying it may not be enforceable.

 

ANyway I shall write explaining there is lots of charges (wont cover the debt) but will request that they accept a minimum payment from us.

 

Many thanks for your expert opinions, its greatly appreciated.

 

Enjoy the rest of your day

Cheers

AFW

Link to post
Share on other sites

Hi PriorityOne and dx

 

Have checked all my past thread and dont have one running for this debt.

 

Was going to try and dispute this debt, especially with all the payments and interest I have paid them over the years, lots of charges too, however cant claim through FOS as the charges where too early and dont have the strength just now to take it to court, (Husband very poorly and has been for sometime now, but I;m feeling the strain of it all and to top it we have a new DCA that CL Finance have sold this too (dont want to mention there name as they monitor this site according to othe Cags).

 

You would be unwise to dispute it on the grounds of unenforceability..... but you can still dispute it on the grounds of the balance alleged to be outstanding. Do you have details of all charges in front of you? What were these for? Were they added before the account was sold on or have they accrued afterwards? How much is (alleged) to be outstanding on this? Please name the DCA.... as they all have different tactics.

 

I thought with it being a store card application form that I filled in the store at the time of applying it may not be enforceable. This doesn't look like a run-of-the-mill store application though; the rate of interest is clearly stated on there... It is essentially still a pre-application for credit though...... Which company sent this to you and was it part of a CCA request?

 

ANyway I shall write explaining there is lots of charges (wont cover the debt) but will request that they accept a minimum payment from us. If charges are on there, then your letter needs to be stronger. Don't ask them to accet a minimum; tell them that's what you'll pay..... but before you do it, please answer the questions I've posted.

 

Many thanks for your expert opinions, its greatly appreciated.

 

Enjoy the rest of your day

Cheers

AFW

 

:-)

Link to post
Share on other sites

pers i'd do an soc

lets actually findout with comp int how nuch charges & PPI you can reclaim

 

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... 

Link to post
Share on other sites

Hi

PriorityOne & dx

 

Firstly, many thanks for your help its greatly appreciated.

 

I do have all late payment charges that I received when I SAR GE Money but not sure how to calculate contractual interest. These charges where all applied before they sold it to Lowells. Theres no PPI to claim.

 

Amount owing approx £2,800.

 

The copy of the CCA I uploaded on CAG was a copy of the application I signed in the store I have original but received this copy from CL Finance a while ago when I requested SAR.

 

Whats a SOC dx ?

 

As for letter I'm not to good a wording letters of this sort and any help you can offer would be greatlty appreciated.

 

Cheers

AFW

Link to post
Share on other sites

see no.3 in my sig for how to do it

 

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... 

Link to post
Share on other sites

Read your No. 3 sigmature, not sure how to calculate the interest.

 

Also forgot to mention Default notice could be unlawful/defected ? not sure reaf here on CAG there was a huge case going on with someone named Durkin but can't find outcome result.

 

I can post copy of default notice tonight.

 

Cheers

AFW

Link to post
Share on other sites

Hi

 

I've attached a spreadsheet you can use to calculate your claim.

 

Amend your personal details in the blue section and cgange the APR figure to the one bening charged on your card or, if you want to go for interest in restitution, use a nominal rate of 24.9%.

 

Then move to the white list section underneath the coloured bits and list each of the charges you are reclaiming. Enter the date of the charge, a description and the amount. The sheet will do the rest for you.

 

Please note that the sheet is protected in certain areas to prevent alteration to the formulae. If you get a protection message it means you are tryin to change data in a protected cell.

 

When you have finished listing the charges you will have your claim amount.

 

ims

 

 

CISheet.xls

 

Link to post
Share on other sites

  • dx100uk changed the title to Lowell and GE Money bhs gold Storecard Default notice could be unlawful/defected ?
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...