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    • I have had a pre "warning" from TM Legal regarding 2 old debts stating they are going to send a claim form in email. I was sent a PAP form which i responded to on both but like a melt i sent their PAP pack back to them in my request for CCA etc using the CAG response form. I have not to my knowledge received a response for either. my question is, will sending their pack back cause me issues in the future? can I request they send this back to me?
    • Your consumer rights within six months If a product develops a fault within the first six months after purchase, it’s assumed it has been there since the time of purchase. This means it’s up to the retailer to prove it wasn’t there when you bought it. If a repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction. Your consumer rights after six months If a fault develops after six months, it’s up to you to prove it was faulty at the time of purchase or delivery.   .
    • Thank Dx , Im guessing its a waiting game for now .
    • Hey Fkofile , Im one of those that have been affected by it ! i made a post about it . my credit score has already been affected by it .
    • We initially raised a complaint with the finance company who told us that as its over 6 months the consumer rights act won’t apply and we would need to provide evidence of the problem being there at purchase. As we have only just got the report from Mercedes we haven’t been able to submit this within their 14 day timeframe. Is this not the case then? Thanks
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    • 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
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csa help,


daisy1964
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In 1993 i recieved an Interim Maintainence Assessment , this was put in place because the forms that csa sent out to me were not filled in and sent back, (through no fault of my own, 2nd wife withheld them from me due to stress related issues,) i finally received the forms in 1995 and was given a Formal Assessment based on self employed income details and this amount was £0.00

They have now written to me and said that the case was closed in 2004. Although they had reduced my payments to zero due to my income, they are now trying to claim £7715 which they state are arrears from the period 1993 to 1995 and they are saying that they sent form csa128 which stated that I still had arrears from the interim assessment, but they quote "unfortunatlely we are not able to provide you with a copy of this letter as a clerical copy is not held in our case papers" My accountant was by this time handling all the paperwork and correspondence to them and he has not got this letter in his files either, and has no recollection of anything of this nature being sent.He wrote to them on 4 seperate occasions in 1997 requesting that the Interim Maintainence Assessment be cancelled and the last letter saying "unless we hear from you to the contrary within the next seven days we will pressume that to be the case." We had no reply,until yesterday when my accountant recieved the letters saying case closed but your client will recieve contact from a debt officer regarding the arrers. Can anyone tell me what a CSA128 is, and where to go from here,..Thanks

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There does not appear to be any evidence that a CSA128 exists so cannot confirm what it may be. However, I am quite sure that if the CSA are using this in theor action you will have every right in a defence to request this detail from them. I would continue to dispute the arrears until proper evidence is supplied

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With many thanks to you for your reply, there are so many things that do not add up on this, there is a letter that they claim to have sent on 30th Nov 1997, but in the most recent correspondence from them it states,

"but as it was sent to the wrong address it has not been taken as issued till 27th March 1998" So they admit to making a huge cock up with that one so it makes me wonder what else they have got wrong. Will keep fighting and keep you posted. thanks again.

Daisy 1964

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jdes26, thanks you for your support, it makes me so mad about the amount of time of contact between them and us, they are not the ones worrying about it all the time. We asked them in May last year for a full breakdown of the arrears that they claim are outstanding so that we can dispute it and we are still waiting for them to reply to that request , the only evidence that they appear to talk about is this CSA128 which is not available in their files (convinient or not?) OH is, and has been self employed all his working life and at that time we had 4 children of our own to support(one of which is disabled so I couldnt work) and therefore his asseement was reduced to nil,yet they find these arrears from where?

Will keep on fighting to get answers..

Daisy1964

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  • 6 months later...

Further to my original post way back in January,,I have now recieved the data files i requested,(although some is impossible to read) there are many mistakes regarding the monies they say are owed,

they have the wrong phone number, wrong national insurance number on some of the paper work, wrong amount of children from second marriage, and also they have a national insurance number for a child of 8 years old!!! They claim that they have phoned many times and state that "this number does not accept incoming calls" yet go on to write about a phone converstaion to the absent parent on that same number!! There is no CSA128 form, which they stated was issued, and the gap in the correspondence between the parties is 11 years.

December 1996,letter to our solicitor states "It is hoped that with Mr ********* continued assistance,the outstanding debt will be resolved without further recourse to enforcment action, The position with the Maintenence Order will be resolved as soon as a Full Maintenence Assessment is calculated."

another form states that "A**n W*****n would like written confirmation that the accounts are correct and arrears are nil" then there is nothing for 11 years Where to go from here,i dont know,weve heard nothing from them since January of this year so could be waiting another 11 years!!!

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