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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
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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.
      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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cap1 card debt


blueboy1
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From 1st letter:

Thank you for your request for information under the CCA 174. Cabot Financial currently does not have this information on file. however, we have requested the relevant information under section 77 and/or 78 of the CCA 1974 from the original lender.

They then say they don't accept the fee and have returned it. Last paragragh was if they could not get the information in 12 days they would write.

 

Week later they sent this.:

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives. although Cabot has not been able to provide you with the information within the prescribed period, we would still advise you that your debt remains legally due.

We are still able to report to the credit reference bureaux regarding the status of your debt (fell off file last year, though not SB) and we would recommend you continue your repayment plan with us blah blah.

 

Other 3 accts with them have the same letters sent. These accts are not on my credit file any more and have stopped payment until they provide credit agreement as advised by CAG.

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OK,s are if the debts are not on your file

then the default/debt has been removed

after 6 years,does not mean that

the debt is definitely statute barred,

you need to establish when the last

payment was made.

They are correct the debt is still live,

but they cannot enforce judgement in court.

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

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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AH, then the debts are not statute barred,

what results did you get from all the CCA

requests?

Please be aware non- compliance with a

CCA request does not always mean the

debt is unenforceable.

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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Are there charges on the account, overlimit and late payment charges?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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There must be lots of charges etc on all the accts but these go back over 9 years and all my earlier paperwork was with a debt management company.

When I lost my job and then for a couple of years put my hear in the sand and hoped it would all go away.

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There must be lots of charges etc on all the accts but these go back over 9 years and all my earlier paperwork was with a debt management company.

When I lost my job and then for a couple of years put my hear in the sand and hoped it would all go away.

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I think yes the minimum payment

will always stand you at an advantage

if they ever try to take furthert action.

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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I was paying £1 each monthly to them until july this year.

Then I discovered your forum and decided to CAA all my DCA's.

 

never ever pay them **** dca a single penny, until you have the absloute 100% proof that they have the right to collect this alleged debt. a cca request is legal . show a cross to a vampire and it will back away!

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That will be my next step Huggys boss. All this is a learning curve.

I am awaiting the replies of the dispute letters first, then take it from there.

As there are a number of accounts, I want to try and keep it simple.

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  • 2 months later...

Hi Again,

After 3 months waiting Capquest have sent my Credit Agreement.

Can't scan as it is not working at the moment!

This is an application form from 2000. There is no credit limit but I had ticked box for ppi, so will reclaim

from Captial one.

What confuses me is they have sent pages of Terms and conditions but this must be their current one as the interest rates are over 30% and in 2000 my credit rating was very good.

I know I would of not had the card with such high interest rates.

What do I do now, is this a correct agreement/

Capquest own this now and I was making token £1 monthly payments until August this year.

It falls off my credit file in December.

 

Your advice please,

blueboy1

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?? the debt cant be coimg off your cra file in dec if you were paying till recent

 

i would also not be relying on a paperwork error to disolve your debt.

 

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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???if you have been paying the sb clock starts from your last payment

 

is that what you mean?

 

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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sorry, no it is not SB, I had a lot of debt years ago and was very stupid.

Different DCA's sent demands over the years and I started paying Capquest those token amounts. then I discovered CAG and started to get my affairs in order and most of all what my rights were.

Becaused DCA's will say anything, until you know your rights you believe them!

All I wanted to know was the terms and conditions had to be the original ones as per start of agreement.

many thanks

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