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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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My Turn with PDE


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Got the bog standard reply with PDE,

 

Our accepted criteria for a repayment plan are as follows: BLAH BLAH.....

 

Will reply with OFT guidance that 'when a person contacts the lender and says they are in financial difficulty, then the lender must take that under advisement and come to a mutually agreed repayment plan. '

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keep trying. Sometimes it takes a good while. Remember, each attempt shows them and a court your wllingness to repay. If they dont accept it, then thats not your problem. If they try to pile up charges, simply form a simple defense in court saying you have tried every possible way to come to an agreement and they flat out refuse, preferring to pile on charges.

 

 

As a side note, the OFT seem to have caught onto this lately, as several PDL's have been doing just that.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest Poguesy

Don't expect these lot to give you a repayment plan with no extra interest/charges straight away.

 

If they continue to fob you off then get a complaint sent to [email protected]

 

Be firm and they will give in eventually.

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Remember everything in writing. There's also no harm in copying in "[email protected]", which appears to be the Nottingham office, The more evidence you can provide to FOS/OFT/Trading Standards of your attempts to resolve the matter in a satisfactorily and reasonable manner, the stronger your case will be should Payday Express not play fair. Good luck, keep us informed how you get on.

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Hey

 

New poster - I sent a complaint off to them via email and within 4 days got an arrangement on the account. I quoted the OFT guidance on debt collection and OFCOMS rules on appropiate forms of contact. I never had the arrangement confirmed in writing however everything seems to have stopped and no further charges have been applied. Still put in a complaint though through to FOS & OFT. I think if you shout (in writing) they have to do something about it as its reportable. Its not like a call recording they can delete ;-)

 

Richard

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Hats off to "cheesed_off",

 

Ensuring a complete written record is kept as not unreasonable? Keep going!!!

 

Calls being lost/misplaced.or potentially misfiled, surely not!! In my experience i've encountered that "the call you refer to cannot be located", or "unless you have a verified copy of our agents voice we cannot assume the call was logged". Best to play safe, all in writing.

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Good news on the arrangement. Any chance of a summary of OFCOMS rules on contact?

 

Thanks

Hey

 

New poster - I sent a complaint off to them via email and within 4 days got an arrangement on the account. I quoted the OFT guidance on debt collection and OFCOMS rules on appropiate forms of contact. I never had the arrangement confirmed in writing however everything seems to have stopped and no further charges have been applied. Still put in a complaint though through to FOS & OFT. I think if you shout (in writing) they have to do something about it as its reportable. Its not like a call recording they can delete ;-)

 

Richard

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Good news on the arrangement. Any chance of a summary of OFCOMS rules on contact?

 

Thanks

 

"Dear Sirs,

 

Account No: XXXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

 

Yours faithfully"

 

You can also put in something along the lines of having all correspondence in writing will assist with you any further action you may take against the company with FOS and OFT. Good luck.

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Oh email from d r @paydayexpress. Wanting confirmation of address and DOB, in order to assist.

Progress ?

 

They only need the name and account number. Nothing else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks. Did it work?

"Dear Sirs,

 

Account No: XXXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

 

Yours faithfully"

 

You can also put in something along the lines of having all correspondence in writing will assist with you any further action you may take against the company with FOS and OFT. Good luck.

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Not initially!!! Only on complaining to FOS did they stop. The one saving grace was that all their attempts after sending the e-mail asking them to stop was used as evidence for FOS and OFT. On of the reasons FOS upheld my complaint against Payday Express/Castlebridge was their refusal to stop calls.

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Blimey! How often did they call? Was it at work or on mobile/home phone?

p>

Not initially!!! Only on complaining to FOS did they stop. The one saving grace was that all their attempts after sending the e-mail asking them to stop was used as evidence for FOS and OFT. On of the reasons FOS upheld my complaint against Payday Express/Castlebridge was their refusal to stop calls.

 

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Lodge a formal complaint with the Company Secretary, give them the opportunity to sort the matter out reasonably (although don't be surprised when/if they don't). Making it formal will start the clock ticking so you can escalate to FOS. You can complain also to OFT/Trading standards immediately.

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3 calls to my mobile whilst at work, answered the fourth one. The rep was actually quite an easy going bloke. I explained i'd emailed 6 times with no co-operation from themselves, and wasn't going to enter into any conversation about repayment on the phone. He said he had a copy of the email which was why he'd phoned. I simply said please reply and we can only discuss repayment in writing.

End of.

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Thats a stupid excuse. He has your email in front of him saying NOT to call, so he still does to talk about the email? They must be employing jeremy Kyle viewers now.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just received 'we have been trying to contact you email and txt re balance of £900 unpaid' (was £750 this morning).

 

Replied again with a request for a co-operative stance to set up a repayment plan.

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Gotta love how they make up and randomize the amounts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Frustrating but fun!.

 

Keep at it. if you want, you can issue a formal complaint with them, and wait for a final response in 8 weeks. If they dont give you one, or they give you one thats unsatisfactory, get it to the FOS who will then investigate them. This usually forces the PDL to do a complete 180 and come crawling to you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

 

I complained to Payday Express by email to [email protected], I had a letter on Monday to say they had recieved my complaint and that they were dealing with it. Recieved another letter on Friday to say they had accepted my payment plan and that my balance was £???? that was the amount I borrowed plus 1 months interest.

 

Another one sorted 2 more to go Mini credit and Poundstilpayday

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