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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 
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      • 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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Gazza and Capone


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Hi CitizenB

 

Yes, i did check the reference number as it never stated the date of the in there letter what date they where talking about. The Reference number they where talking about was conected to the 5th Novembers letter.

On the letter writing, unless they think its my friend who wrote them a letter at the beginning but he never had a reply to any of the creditors.

 

Gaz

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Hi CitizenB

 

Yes, i did check the reference number as it never stated the date of the in there letter what date they where talking about. The Reference number they where talking about was conected to the 5th Novembers letter.

 

They might just as well have referred to your letter of the 5th then ??.. daft so n sos :confused:

 

 

On the letter writing, unless they think its my friend who wrote them a letter at the beginning but he never had a reply to any of the creditors.

 

Gaz

 

Which is even dafter considering they refused to correspond with your friend in the first place.. still we are talking about Capital One arent we.. and who knows what goes through their minds when responding to a letter.. we now have proof they dont read them properly :lol:

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Hi CitizenB

 

If i really complain hard enough to Capital 1, do you think there send me a pink pig letter if i'm lucky. As everyone else seems to be getting one by me:sad:.

 

Gaz

 

 

:lol: Not from Capital 1, Gazza.. Pink Pigs are the main weapon in the MBNA arsenal.

 

I have received an incredibly bright yellow card from Power2Contact who apparently are the mafia arm of Credit Solutions acting on behalf of Cap 1.

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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:lol: Not from Capital 1, Gazza.. Pink Pigs are the main weapon in the MBNA arsenal.

 

I have received an incredibly bright yellow card from Power2Contact who apparently are the mafia arm of Credit Solutions acting on behalf of Cap 1.

 

I had a a doorstep call from Power2Contact a couple of months back, that companies working for Barclaycard as well. Took some nice pics from the man who called , when he was sent packing :lol:.

 

Gaz

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I had a a doorstep call from Power2Contact a couple of months back, that companies working for Barclaycard as well. Took some nice pics from the man who called , when he was sent packing :lol:.

 

Gaz

 

Yep, I have the batteries charged up for the camera and the local community policeman's number is programmed into the mobile. :D

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

Hi

 

Just received my reply to my complaint against not receiving a true copy of my CCA from capital one.

In the letter it says we will defend any application you may wish to bring against us.

Does that mean what i think it means, i've got Capital one on there back foot and there trying to confuse the issue that they have not supplied a true copy of my agreement.

Here's the letter i received today.

 

Capital1letter28.jpg

 

apital1letter28110002.jpg

 

Gaz

Edited by Gazza112
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To be honest Gazza, I dont understand what the heck they are on about. Unless they believe you will start a claim against them much the same as Davey77 has done.

 

I reckon you just need to sit back and wait for their next move, I cant see they are inviting a reply.

 

Do you have a payment plan in place with them, any charges to reclaim?. I think the only place you would be able to make a complaint to would be the Trading Standards. FOS are just saying that making a decision as to whether a document is enforceable is not in their remit :(

 

Aha, I see where they might be coming from. I just read the letter you sent them and you have asked for their Final Response so you can make a complaint to the FOS. Hehehe.. wouldnt it be nice if just once, they were to read a letter and UNDERSTAND its contents.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Gazza!

Looks like there is a chance i might have to set my pig on a DCA after all!I got a threatening letter from Debitas saying they are going to send an agent round to terroise me into paying them some money within next 7 days! aaaaaaaaaahhhhhh:eek:I was going to take it with a pinch of salt! but apparently beachcomber said on his capital one thread that he actually actually had a call from a Debitas agent!:eek:soyou can live in hope Gazza perhaps Debitas will be nice to you and send you a lovely lady DCA to visit you!On a more serious note ive bolted my door as soon a i got home from work and not going to answer door! eeeeeeeeek

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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I think you are possibly correct, Gazza. If they have cracked up, you will have earned the gratitude of many 1,000s of persecuted CAGers :D

 

Going back to your letter, it is a bit bizarre isnt i? What was your last letter to them ?, wasnt it the one telling them they had got it wrong !. I am not sure what the answer to this is.

 

I guess you could write back asking them to clarify the contents of their letter as you havent a clue what they are banging on about. :confused:

Hi citizen B! Capital one are one of the most bizarre companies ive ever come across!They love playing games and dont seem to read their letters!I keep getting strange call where the number is unlisted where they put phone down on me! I am sure it is capital one or Debitas!I still can not get over their strange behaviour of keep insisting they sent me a signed agreement when they have not!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi CitizenB

 

I'm as muched confused:confused: as you, they did set up a payment plan of a £1 to be paid by the 20th of each month starting this month.

I did pay a payment of a £1 on the 13th on my statement.

 

Gaz

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Hi Sunflower

 

Done one better than you instead of bolting the door, i've electrified the door instead. Hope they send a nice blond female round when Debitas calls lol i'll take care of her in a nice way lol.

 

Gaz

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:eek:, Gazza :D

 

Dilemma time, do you continue to pay the £1.00 or do you wait them out for an agreement which they probably dont have.

 

If you continue to pay the £1.00 it should keep the DCAs off your back. After all, Cap 1 have set up the arrangement.

Edited by citizenB

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

Yes, its a dilemma what to do i may just stop payments to them.

biggest joke, they say its inportant that i maintain payments as my account balance consists of transactions that i have made.

 

What transactions are they talking about, as the only transaction i had on that account was 2 years ago. And i was paying that off, until recently when i couldn't keep up payments.

 

Gaz

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Hi Citizenb

 

I don't know weather this is any good info in my favour.

Little history on the Capital one card i have, i originally had a card with a free i think at the time was 9 months free interest. Well that run out on that card there was nothing on that card so i never used it.

About 2 years ago Capital one was doing a 18 month free interest on there cards. So i rang up to see if i could get any deals on my card, there answer was no. They did say to get the 18 month interest on there card, i would have to close the original one and they would set up a new card so i could get the 18 months free interest.

 

The point i'm making is they set the new card up over the phone i never signed anything. Is this good news or bad news.

 

This could be why they can't issue me with a true copy off my agreement.

 

Gaz

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Hi Gazza! I am so frightened! LOL Debitas DCA just phoned me just now!i kept refusing to go through security details with her,She says she i:Ds going to ring me every five minutes! Just waiting for phone to ring again!

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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Hi Sunflower

 

Sorry to hear your receiving calls from Debitas, just tell them you do not have a dept with there company and if need be you will have to take them through security checks. That will upset them, Debitas haven't contacted me in ages, i think i sent them a couple of template letters from this forum.

Just log every call, even better contact BT and ask if you can receive call barred number added to your account I use that and it does work.

 

Gaz

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The point i'm making is they set the new card up over the phone i never signed anything. Is this good news or bad news.

 

This could be why they can't issue me with a true copy off my agreement.

 

Gaz

I think you are right, sounds like there is no agreement – which is why they haven’t even sent you a copy of an application form.

Write to them telling them that you don’t believe there is a signed agreement covering this account and unless they can confirm otherwise you are within your rights to refuse any more payments.

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HI Cazza!Oh well she has not rung back yet! LOL I supppose i will have to send them a telephone harrasment letter if they do start doing that!and as you say try to get offending number barred! Do Bt charge for that service?

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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The point i'm making is they set the new card up over the phone i never signed anything. Is this good news or bad news.

 

This could be why they can't issue me with a true copy off my agreement.

 

Gaz

 

I think you are right, sounds like there is no agreement – which is why they haven’t even sent you a copy of an application form.

 

Write to them telling them that you don’t believe there is a signed agreement covering this account and unless they can confirm otherwise you are within your rights to refuse any more payments.

 

WOW, Gazza.. looks like you might have them on the run. Unless they have a recording of that call it looks as though they might have backed themselves into a corner. If you SAR them, ou can ask for either a copy of the recording or an exact transcript.:grin:

 

Sunflower, it is a pity you were unable to record that call, where they threatened to phone you every 5 minutes. Please keep a log - date and time of calls and try to keep an accurate note of what was said.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi CitizenB

 

Yes, sounds like i've got them going.

I nether thought anythink at the time, as i was only trying to get a ballance transfer on my original card at a special 0% rate.

But yes they took my details over the phone to cancil the old card and set up a new card. I told them the tranfers i wanted on the new card, which i received a few days later.

 

Gaz

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Hi Gazza !That is brilliant news for you that they probably never had a signed agreement but surely even if there was a recording of the call crapital one would still not have a leg to stand on! as you could have easily changed your mind! and without a signed agreement no proof of your acceptance of their card and its terms and conditions?and even though you got balance transfered to a new card surely in the absence of a legible correctly executed aggreement with both capital ones and your signature on it it is not an enforceable agreement?

Edited by sunflower99

Im happy to help with support and my own opinions but as i have no legal qualifications If I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action,

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