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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.

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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.
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      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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Lowell


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Hi

 

can anyone shed some light on what a reconstituted credit agreement is?

 

lowell have sent me one and are saying this is all they have to provide under section 77/78 of the consumer credit act of 1974

 

it has no signature on it and the figures for the loan amounts are wrong to what amounts lowell are saying i owe,

 

they are saying that this reconstituted agreement is enforcable,

 

any advice please

 

as i thought if i asked for a copy of the agreement they had to send me a true signed copy?

 

many thanks for having a look at this

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Hi A recon consists of the terms and conditions applicable

when the agreement was signed and also the last pertinent

set of Ts & Cs, it should show the debtors and creditors names

and addresses and show the relevent dates, and interest rates.

Case law has made the recons acceptable but they must conform

to the format and content laid down in that case law.

It does not have to have a signature.

The recon only satisfies the section77/78 request and can if

if other evidence such as traceable use of a credit facilty are

put forward may be accepted by a court.

If the account was signed pre April 2007 the original agreement

mut be produced in court.

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

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hi

 

the name on the recon agreement is

 

surname: customer

 

Forename:Test

 

it shows no relevant dates, or my name on this, or no address details, the financial amounts on the recon agreement are totally wrong to what Lowell are saying,

 

surely this is not right, how can they get so much information wrong on this recon agreement and expect this to be used to enforce a debt

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hi

 

the name on the recon agreement is

 

surname: customer

 

Forename:Test

 

it shows no relevant dates, or my name on this, or no address details, the financial amounts on the recon agreement are totally wrong to what Lowell are saying,

 

surely this is not right, how can they get so much information wrong on this recon agreement and expect this to be used to enforce a debt

 

To be accurate and accepted as a reconstructed agreement it should contain your name and address as it was when the debt was taken out. If it doesnt it does not meet the requirements of Carey vs HSBC. As for them saying its enforceable, ONLY a court can decide what is and what isnt enforceable, not me and certainly not them :D

 

S.

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I would be informing them that what they have supplied is not a valid response to your CCA request and the account is still in dispute until they supply the correct paperwork. Have you sent them the 'account in dispute' letter from the library? If they have supplied a recon they must inform you if the original exists and and in what format but what you have described does not even meet the requirements of a recon.

 

Can you give more details about the original debt and why it is in dispute?

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hi

 

this was a pay day loan and it was taken out in there store so the paperwork was signed, lowell have now bought the debt,

 

i am disputing the amount as i have no idea of how much was paid on the account as through a divorce i lost track of a few financial commitments i had due to my ex wife not giving me any ppaperwork from the house, this debt will date back some 3 to 5 years ago,

i thought it had been paid off,

 

im not saying i wont pay it i just want the paperwork and statement of account so i can see what the loan amount was for and get everything in order,and to see if there has been interest applied and any charges

 

surely if lowell own this debt they should be able to provide me with what i am asking for

 

Regards

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If they did own it, then yes they should have the relevant documents, however, this is a very murky shady industry, where they can make money out of thin air.

 

So the original creditor (OC) was a PDL company.

What if anything, did they send you about this? Was this a joint PDL, or just in your name?

 

What correspondence have you received from Lowlifes regarding this? What did their last puerile missive say?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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it was just in my name

 

the last letter said that now they had complied with my request for a copy of the agreement they expect payment in full

 

they sent me a reconstituted copy of the agreement it was not signed by me and didnt even have dates on it or my name

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Rubbish - on anything you write to them state 'I acknowledge no debt to your company'. make it clear that you are disputing this and want proof of any liability - Credit Agreement, Statements of account, details of any assignment to anyone other than the OC, default notices etc. Threaten to report then to OFT - and report em anyway!

 

If you make it clear this is in dispute - and it sounds like you do not know if any money was ever owed on this, Lowlife are breaking OFT guidelines by harassing you for money.

 

I repeat, what they have sent is not even a recon agreement

Please support CAG and they will support you.

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  • 5 weeks later...

OP, are there any update? how did Lowell respond to your complaint?

 

I've received a reconstituted CCA from Lowell for a the dollar financial old debt as well today, and still Dollar refuse to provide a true breakdown of the debt they claim is owned. I will be making a complaint as well.

Edited by la2006
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The more people who make formal complaints about Lowell, the better. I'm in the process of putting together a fairly large file/complaint against them on several counts of breaches of regulations, bullying, harassment, non-compliance, dereliction of responsibility, fitness to hold a Consumer Credit License, etc. to be sent to OFT and FSA. Not much point with FoS as they seem to be toothless.

 

I'm fully prepared to pursue it through the small claims court, depending on responses from regulatory bodies.

 

 

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