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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 
        • 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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trouble with MT collect - help


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Hi This is my 1st time posting as well. I have been having problems with these clowns as well. I have had all the usual threats and stuff as well but the only problem is I am keeping this dept from my other half. I took out a loan with these people in August for £200. Now in Febuary it has raised to £659 and I got a letter from mt collect. Do you know if I have to pay the balance in full as I dont think that it is lawfull. I also have lots of emails that I have kept in my dealings with these clowns. can I please send you these emails for you to look at and advise?. Also I have reported them to the Judge section in the Daily mail, We need to expose these cowboys

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Hi this is my 1st time posting so hear go's. I have had the same problem as all the people I have seen on this thread. I have taken advise and I will do what people have advised on this thread. I contacted the judge in the Sunday mail. As you might know that collum is for compaining about these sort of rouge companys. Does anyone think that as a group we can do anything to expose these people, Like go to the press or something. Any one got sudgestions?.

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Email them and ask for a complete breakdown of how the debt is made up, when you go back to make a repayment plan.......they have to communicate with you in a clear manner.....if they fail to answer your email then fill out this and forward it to the Office Of Fair Trading the British Cheque Cashing Association and the Financial Ombudsman Service (the FOS will charge them £500 to investigate your complaint) - Make sure you edit this though....

 

Your address

Date

 

Dear Sirs

 

On (date) I took out a loan with (xxxxxxx) unfortunately due to my circumstances, I was unable to repay the amount as per my agreement.

 

(delete as appropriate)

 

I have attempted to make contact with the company to organise a repayment planlink3.gif but they have simply told me they will not negotiate.

 

I have received threatening texts/abusive emails/abusive telephone callslink3.gif to my employer and/or place of work despite my requests for these to stop.

 

I have had my new/current account raided by this company despite me not informing them of my new bank account.

 

The company concerned have not given me any kind of breakdown of how the charges/interestlink3.gif have been calculated.

 

I wish to make this a formal complaint, and realise that you do not investigate individual complaints, however if you do require any further information I would be more than happy to assist the Office Of Fair Trading/BCCA/Financial Ombudsmanlink3.gif Service in their enquiries.

 

Yours sincerely

 

 

Then send it to these email addresses

 

If they refuse to get into dialogue or ignore your emails to offer a repayment planlink3.gif, then it is quite evident that this is a breach of the OFT's guidelines

 

Send this to the OFT (by email) to [email protected]

 

Also email it to the BCCA - [email protected]

Also open up a case number with the foslink3.gif - [email protected]

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okay thanks 42 man. I noticed on other peoples replys on this tread that they have raided there bank accounts. I have never had that from this company but they did however pass my old card details on to motor mile finance who raided my bank account. Can they still take money out my account even so they dont have my card details?.

 

Thanks again.

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m. misusing a continuous payment authority, including by (this is a non-exhaustive list):

• debiting a debtor's account other than on a date or dates as expressly set out in the relevant agreement, unless otherwise specifically agreed with the debtor subsequent to the agreement having been concluded (for example, where an alternative repayment plan has subsequently been agreed between the creditor and the debtor)

• debiting lesser or greater amounts than those expressly set out in the relevant agreement unless the debiting of such amounts has been specifically agreed with the debtor subsequent to the agreement having been concluded (for example, where an alternative repayment plan has subsequently been agreed between the creditor and the debtor)

• debiting from a debtor's account other than the account specifically designated by the debtor (in a contract or otherwise) for repayment of the credit that is the subject of the continuous payment authority.

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If a debtor is, or appears as if he may be, experiencing difficulties meeting repayments (for example, because an attempt by the creditor to recover a repayment is unsuccessful), we would expect the creditor, or the business seeking to recover repayment on the creditor's behalf, to exercise forbearance, and, if appropriate to do so, amend or suspend any continuous payment authority (or any other means of recovering repayments) in order that a more sustainable repayment plan might be agreed with the debtor.

 

 

Continuing to seek to extract any or all monies from a debtor's account, where a debtor has failed to make a full or partial repayment, by repeated attempts to exercise a continuous repayment authority would, in the OFT's view, constitute an irresponsible lending practice for the purposes of section 25 (2B) of the Act since such a practice facilitates 'failing to treat borrowers in default or arrears difficulties with forbearance'.

 

 

The OFT considers the inclusion of a term in a contract that facilitates the misuse of a continuous payment authority in this way, in itself, to constitute an irresponsible lending practice48. Legal processes exist whereby, where necessary and appropriate, the courts can exercise their discretion as to how the rights of each party to a contract should be addressed under circumstances in which one party has failed to, or been unable to, meet all or part of its obligations under the contract.

 

 

In the OFT's view, it is not appropriate for creditors or businesses acting on their behalf in pursuit of recovery of debts, in pursuance of their own interests, to seek to bypass such systems which are designed to give balanced consideration to the interests of both

 

SECTION 3.9 (m) from here - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

Edited by citizenB
spacing for easier reading
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new thread created

use this one please

 

and get that money back off MMF too!!

 

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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new thread created

use this one please

 

and get that money back off MMF too!!

 

dx

 

Hi Dx100uk

I’m unsure how to start a new thread etc I’m new to this thing. mmf took the money out of my account on behalf of payday express. I never gave them my bank details or that the only people I gave them to were cfo so I put two and two together and relised that it must have been them that passed on the details. I never even knew about these forums till I goggled the company and phone numbers that I was being harassed by. I wish to post up the letters that I have received and what I have wrote. I never relised that there are so many people like myself in this situation with these cow boys.

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yes please post them up

 

can the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

 

 

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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this is your thread

 

post them here

 

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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two threads merged. It is better to keep all this together rather than separate.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Bear with us. I need to bring the team on to look at your download

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Please see attached emails and a letter that I got from these cowboys

 

You've left your name and email address etc on the pdf documents. I have taken them off the post so you cannot be identified

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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You've left your name and email address etc on the pdf documents. I have taken them off the post so you cannot be identified

 

 

Okay thanks I never noticed that, I am new to this thing, Do I just post them again but blank out all the things I should have?

 

Thanks for taking it off, Im very thankfull.

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You've left your name and email address etc on the pdf documents. I have taken them off the post so you cannot be identified

 

Hi I have removed everything that you said and reposted. Thanks for the help. :)

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Hi

You must send copies of the letters and emails to Trading Standards and the OFT.

 

The letter (to me) states that they WILL be taking legal action where in fact we know they very, very rarely do as they won't be able to justify their 'fines' and other fees.

As for fines. That is wrong. They are not allowed to impose 'fines' Only the authorities can do that not some p*** poor company.

 

Any charge they impose is unlawful unless it is an accurate representation of what it actually cost them. They are not allowed to profit from administration charges.

 

I wish i was a customer of theirs. I would rip them a new one :madgrin:

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Okay Silver fox, IS there a specific email address I should send them to and should I inform CF1 of what I am supposed to do?. Im so lost as I have never been in this situation before?.

 

Thanks G

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