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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
      • 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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A new one with Aktiv Kapital


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Back in 2007 I received a letter from these with an outstanding debt of £3000.

 

At the time, I knew nothing of DCA's and went along with it.

 

Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred.

 

Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

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Hi, Are you sure that the debt was SB when you made the

first payment to them?

If so stop paying them if there has been no payment or

written acknowledgment of the debt in six clear years

before you started to pay them write to their compliance manager

giving all the details you have and tell the yoiu now will cease

all payments because the debt was already time barred.

Unfortunately what you have paid will be considered as a ''gift''

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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Hi, I'm pretty sure it was... I think (almost 99% sure) that the last payment I made was in 2000 on the original account - 2001 I went on holiday for her majesty. Their first letter was 24th Jan 2007 with the first payment from me on the 3rd of Feb 2007.

 

Can I write to them asking to prove it somehow??? I cant really find as the original bank account the payments were made from was closed years ago.

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I'll draft a reply for you in a few minutes.

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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Back in 2007 I received a letter from these with an outstanding debt of £3000. At the time, I knoew nothing of DCA's and went along with it. Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred. Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

 

Here we go.

 

The Compliance Manager

Aktive Capital.

 

Ref:xxxxxxxxxx

 

Dear Sir or Madam

 

I write in reference to the debt for XXXXXXX to which

I have been making payments since xxxxxxxx.

Having now researched the full details of this account

I have found that this debt was Statute Barred before

you contacted me and I started the payments, in view

of this I am now stopping payments immediately and

no further payments will be made.

I do realise that was an oersight on my behalf, but I

consider tha Aktiv Capital received monies from me

unfairly as you would no doubt have been aware of the

status of the debt.

I shall now have to consider complaints to regulatory

authorities.

send recorded delivery.

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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  • 3 months later...

I sent a CCA request to them after paying £700 off a £3000 bill. They have come back with...

 

"Although we purchased the right to recover this outstanding balance we are not the OC and dont hold such documentation in this matter.

 

We contacted the OC in an effort to resolve this matter.

 

The OC cannot provide us with this documentation and therefore informing you that we will cease all collections activity whilst not in possession of the docs..."

 

So, do I respond? Do I just leave it? or do I say, hang on my old fruits - you've had £700 out of me, now give it back!

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Hi you wont get a penny back, stop paying and keep that letter saying they cannot provide you with agreement in a very safe place. If the debt was created before April 2007 you can tell them to go forth etc. If after then they could use a reconstruction of the agreement to enforce in a court, so if that is the case just pay what you can afford.

 

dpick

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I would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

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 would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

 

Sorry, can I just confirm this pre 2007 business please.

 

If the agreement/account was taken out pre 2007 and then defaulted in 2009 does this apply?

 

Is it only for accounts/agreements that "defaulted" after 2007??

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The cosumer credit act was amended and the new act came into force April

2007, agreements prior this were unaffected by the changes, so that the original

agreement is needed to enforce the debt.

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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so that the original

agreement is needed to enforce the debt.

 

Just one more question...

 

Original agreement can be a photocopy yes? as long as it shows a valid signature.

 

While a recon version is just the text, no signature?

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Yes it must be a true copy if it was an online app the tick

box is counted as a signature.

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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