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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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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Link Financial Outsourcing


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I was called a couple of weeks ago by Link regarding a debt which isn't mine - suspect that it came from a period of ID fraud back in 2004 - where a small loan was taken out with a bank, paid for about 18 months and then a massive loan was taken out in my name at the end of that period. I was only aware when I started to get default notices through back in 2006.

 

Anyway, I told all of the history/issue to the operative on the phone - I was basically called a liar by the guy and he was being quite threatening. At some point he asked me if I'd ever had a credit report through. I have, and this loan has never appeared on it - he responded 'well, it should have'.

 

They refuse to give me any information about the debt which is any use (as in, if they tell me which account it came out of, I can help them if it related to the fraudulent Lloyds one) - all they've told me is that payments were made for 18 months, including a time that I was living and working abroad and didn't have a UK current account, and that the address on the account is one which is the address of the college that I was at when I was at university. This was the address where all the post was sent (sort of like a PO box address for a company where everyone has access and given that the bursar of my college was done for a £500,000 fraud back in 2007, I have vague suspicions...) and that anyone who looked me up on the internet could see I was a registered member of the college.

 

Link have also not given me a reference number and when they asked me to confirm my address, said that what I'd given them didn't match what they had on the system and asked if I was at X address. I said no, since it was an address I'd not lived at for a couple of years. They didn't ask me for an update of my address.

 

Given that I managed to get no useful information from them, I went straight to the bank who it was taken out with and they've been so helpful with me - I've given them all my info and they said they'd investigate it for me.

 

Link, however, are still calling me. I didn't pick up my phone today because I didn't get to it in time and they immediately called my Dad(!) to ask where I was (since post is being returned to them as I don't live there) and if he could give them my mobile number. Oh, and they told him who was calling too.

 

Thankfully my parents are fully aware of the situation because they helped me sort out the ID fraud back in 2006 when I was getting default notices, so my dad told them that I'd moved, he didn't know my new address and wasn't prepared to give out my private mobile number to anyone. By all accounts, they were quite threatening to my dad, too.

 

So given that:

I have told Link the debt has got to either be fraudulent or a case of mistaken identity

Link have refused to give me any information over the phone - not even a case ID, so I can't send them any 'cease and desist' or 'no knowledge of this loan' letters

They continue to call me (I refuse to pick up) even though I have told them that the loan is not mine

They have called my parents, told them who is calling, and threateningly asked for contact details for me

 

What do I do now?

 

I have never had to deal with this before - the other cases of fraud were really easy in comparison because they had my incorrect date of birth!

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Stay off the phone to them and refuse to answer any security questions if they ring you.

Everything in writing only.

Report them to all the official authorities if they refuse to stop pestering you.

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Link are likely to continue to make a nuisance of themselves for quite a while. For the past year or so their Outsourcing subsidiary has been trawling through very old debts to see if they can recover any. They'll probably give up if you ignore them but they may hassle your parents for some time.Given the circumstances you may decide to confront them head on. The best way to do that would be to write to them giving them your current address and enough information for them to be able to identify you. Within this letter you could include a SARN under the Data Protection Act (with a postal order for £10) and a demand for all of the paperwork assocated with this alleged debt. Having this information you can then write setting out your position and referring them to the bank.Link are bullies and like all bullies they are cowards. From what you've said I don't think they would put this in front of a judge but it sounds as if you would have a strong defence if they did. You shouldn't expect them to let go easily but they will probably shift their attention to someone else once they realise that they're not going to get anywhere with them.If you do choose to engage with them, only do so in writing. NEVER telephone them or take their call if they call you and tell your parents to do likewise. You or they should make a complaint to Trading Standards and, most importantly, the OFT about the calls they have received so far. Link have previously got into trouble for their tracing activity and enough complaints about this shoddy practice will hopefuly bring forward the day when this odious little company is put out of business.

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