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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 
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    • 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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Payplan dmp will end when I am about 200 years old


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I have a dmp with Payplan, and have only been able to pay a token payment for about 2/3 years. I am now off sick from work with the anxiety and worry from it all. I have informed Payplan and they have come back to me saying that if I don't pay anything, the DCA will start harrassing me again. I can't take any more hassle from Payplan, as they are really trying to push their products on me.

I know if I was taken to court, as Payplan says DCA can do that, the judge would just throw it out.....

Any experiences with Payplan, I have been with them for around 6 years. They are useless with advice and frighten the life out of you, with their emails.

 

Fed up and ill

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Have you considered other options? See the National Debtline fact sheet attached. Do you own your home ?

 

http://www.nationaldebtline.co.uk/england_wales/page.php?page=35_options_for_dealing_with_your_debts

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Uploading documents to CAG ** Instructions **

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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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Hello there.

 

How much debt is there, and are you in rented or mortgaged property - if it's the latter do you have equity?

Is it likly that your circumstances will improve?

 

Payplan are reasonably good at DMPs/IVAs but generally quite poor at giving holistic advice - in my opinion.

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Yes I do own my home, jointly with my sister, I inherited it, and remortgaged to repair it. As I am 56, and my sister 51, Santander will not lend us any more money, as they say that we will not be able to afford it when we retire.

National Debtline were great, and I did my own DMP for 4 years, and then my welfare in work said to use Payplan, and the dmp has been running now for 6 years, and I am getting nowhere with it. It is a mixture of loans and credit cards, totalling 59000, and about half of that was interest and charges......

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Hello again. Really grateful for the questions being answered. You have a few options:

 

1) stay with payplan

2) consider coming off the DMP and self-negotiating, there are lots of great initiatives out there to help you achieve this. You'll also get the support from CAG of course.

3) If you still like free DMPs you could switch to CCCS. As they are a charity (Payplan are not) they should be less 'salesy'.

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THanks for that, I intend to deal with the original creditors, the banks, as I got one written off a long time ago, and another accepted a full and fnal settlement. I seen a posting though on CAG, that CCCS only do it for so many years, and then get rid of you..... don't know whether that is true or not.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Do you know if there are any charges or PPI on any of these accounts that you can reclaim?

 

Has interest been frozen on the accounts ?

 

What type of debts are they.. please just say.. loan/current account/credit card/store card :)

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, they are 12 credit cards and one loan, and I have been trying to pay them off since 2006 with Payplan, and on my own dmp since 2003. There are no PPI's on them. I am only paying £1.00 on each for the last year or more. But Payplan just don't seem to get that I will be dead by the time they are paid off. I am off sick due to my car being stolen, house burglared twice, and insurance on house and car have gone sky high. The interest was frozen in 2003, and I don't think there were any charges on them.......

Edited by Lilythepink
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LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Aha, I see now.

 

TBH, I am not quite sure how you will sort this out. We have a NatDebt advisor on the forum :) I will send out an S.O.S for you :)

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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Based upon what you've said it is likely that as far as repaying the debts are concerned a token payment is your only option. Whether or not you choose to do that via Payplan is up to you, the alternative is to completely go it alone - or to use an assisted self-help initiative such as CASHflow

 

http://www.cashflow.uk.net/

 

Is there equity in the property?

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Yes there is, but unfortunately as I am in my fifties, they mortgage company will not lend us any more. thank goodness they didn't, because I have been on sick leave, and have no money coming in.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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I honestly think token payments is the best you're going to be able to get from them. Your only other potential options are:

 

a) See if the creditors will agreement to write the debts off (difficult to acheive unless there is a very, very good reason)

 

b) See if the debts could be challenged as far as their legal enforceability is concerned (long-winded and involved but could be successful - especially if the debts are quite old)

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I was successful in getting one written off,and one with a small settlement. I know it is hard work, but I don't think that paying token payments are going to pay the debts off, it is just about paying for the reminder each month they send me..... thanks for the advice, its what I had in mind. If I won the lottery tomorrow, I would gladly pay them off, only a small sum mind you.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 3 months later...

Payplan whom I have been with over 6 years, and over the last few years only paying a token payment, due to burglaries and insurance premiums etc. I have been off sick and am now going on benefits.

They asked me or rather they told me to adjust my budget on line, so I put in £71 a week, and left all my other outgoings as they were, because I will have to come to some kind of arrangement with the household bills and mortgage. And I took out hairdressing, and clothing, shoes etc, because I just don't have the money. Now today I looked at my budget and they have left me with nothing to pay car insurance, which you have to pay anyway, even if you are not using your car, they have left me hardly any money to buy food, but have just left enough to pay them £12.00 a month.

Got a letter from a creditor today, saying they can only agree this token payment for another 6 months, now payplan are meant to be dealing with them. All payplan ever do is ask me to buy their Cover Me products, buy tv's and other household goods, car insurance, house insurance. They didn't even help me when I had to go to court, I had to sort it out myself with the wonderful help of this forum. Should I just leave them and sort it out myself, as I am on a dmp until 2045..... :-x

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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could contact/complain to payplan eg have done an incorrect financial statement and for it to be amended accordingly. see what comes back. also, could request that they do not send any of their advertising re other products.

you say got a letter from creditor, was this via payplan? cred should only communicate via payplan (oft guide/Lending Code).

atm, you've got 6 months at least to evaluate.

is the 2045 dmp re the 12/mth? would that pay it off?

any missold ppi?

Edited by Ford
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I am going to leave Payplan, they are completely useless. They say I still have to pay unsecured debts, and not pay the mortgage. They simply don't understand, that you have to eat and go about things..... and the mortgage is priority and wont give us a payment break unless we stop paying our unsecured debts. I am so fed up with them all.....

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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If the Payplan is longer than 6 years it is not viable and will not help your credit rating one iota. They do not help with court stuff and they seem to be going downhill lately.

 

I would go it alone, write a simple letter stating the following

 

Dear Creditor

 

I am now on benefits and am offering a token £1 payment - as advised by the CAB and other organisations. Please can you ensure the following happens to my account

 

1. No phone calls - I cannot afford a phone

2. No letters asking for an increased payment or I&E after 3 months - my situation will, if anything be worse

3. No threat letters asking for doorstep collectors appointments - I do not have a doorstep for you to collect and withdraw all rights to visit me.

 

Thank you for your help during this difficult time

 

Keep it short and simple and non-threatening and they may play ball, if not then if it does go to court you can prove you had tired everything to get a viable payment plan.

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Very true, it is not viable, but they tried to sell all payplan customers a car, on easy payments, it said don't let your debt get in your way..... if I had the money I would pay it....

Going to go it alone anyway, I have no more money to give,and Payplan don't help. Will draft out that letter, and send it to my creditors, as I am sure they can see it is not achievable either...... I wonder should I report them to the FSA, they are not fair to people who are in debt.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Just think I will, I have also had to email re the tone of an email they sent me,

 

I said you are not meant to frighten the life out of people, and your email did just that, telling me I would lose my house etc, they would bring me to court, as if I didn't know already.....

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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Very true, it is not viable, but they tried to sell all payplan customers a car, on easy payments, it said don't let your debt get in your way..... if I had the money I would pay it....

Going to go it alone anyway, I have no more money to give,and Payplan don't help. Will draft out that letter, and send it to my creditors, as I am sure they can see it is not achievable either...... I wonder should I report them to the FSA, they are not fair to people who are in debt.

 

Hi

 

What a strange carry on from Payplan, but lets not forget that they are not a charity they are a PROFIT MAKING BUSINESS

 

According to the OFT guidelines, if you go it alone creditors should treat you the same as if you are with a DMP provider or agency, many people are choosing to go it alone for a number of reasons or basically having no choice if DMP provider wont really help so to speak due to their entry criteria etc or when things go wrong (in other words not enough money in it for them)

 

Creditors and their collection agency friends should consider this - if someone administers their own DMP then their returns will be better than if someone goes with either a fee charger or the so called not for profit ones - why - the fee chargers take their cut at the start and the not for profit ones get their cut FROM the creditors.

 

Of course creditors and collection agencies dont always seem to think logically & realistically and have been known to make nonsense payment demands

 

They may look at trying to obtain a CCJ & the charging order route, again though this is not really in the spirit of the OFT guidelines on debt collection but hey what do some of them seem to care about the OFT.

 

There are Payplan posters knocking about here and there on forums including this one I believe but they dont seem to be around much lately

 

Stick with it, good luck with handling your debts and lets hope things improve for you

Edited by Wintry
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