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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
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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.
      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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Credit Referance Agency Address Link


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I am getting concerned about what data a CRA holds against addresses.

I have received two letters one from BUCHANAN CLARK & WELLS and another from DEBT MANAGERS LTD, They both start identical;

 

“We are attempting to contact the above named person and our client’s recent investigations have resulted in your details being obtained from a credit reference agency. Your address has been provided by them due to a link with the data our client holds, as a possible new address for the person we are wishing to contact.”

 

I have contacted my landlord who says the person they want lived here some 8 years ago and was evicted for non-payment of rent and destruction of property, after only 6 months. I am getting concerned about what the CRA holds on addresses, I thought they only held data on people’s credit and why are they linking to an address that is over 8 years old.

 

Surely any DCA that is wanting this person must be aware any debt is statute barred or is there any way of finding out if she is still using my address?

Edited by debtadvice2010
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Have you cheked your CRA files

for the link?

 

If not you need to do so, if it does show

then write to thr CRAs Data Controller to

get it removed.

 

In the meantime if the letters are not addressed

specifically to you return them unopened to the

sender.

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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I have checked my own CRA and my Partners and the only link on either is our own for stuff like joint accounts ect...

 

The letters I have received in the past were addressed to the person directly, the last two I have talked about above have come addressed to the occupier, it just seems that if original creditors such as the Halifax and Dorothy Perkins can accept the details and back off, but the DCA's are trying everything to get hold of this woman...

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Return the letters to the senders unopened.

There would be no breach of the DPA as long

as the properly addressed letters are not opened

by a third party if they are opened it is the third

party who is in the wrong.

You can write to each DCAs compliance manager

at the return address shown on the envelopes.

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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Actually Brig, I had it confirmed by a post office manager that if you get letters addressed to the wrong person at your house you are entitled to open them to correspond with the sender that they have the wrong address.... it is when post is 'in transit' that it is an offence to tamper with it.

 

Once it comes through your letterbox it is no loger 'in transit' and has been delivered to the address - note the ADDRESS - and not necessarily the person to whom it is addressed.

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I personall would not rely on that statement.

The letters all have return addresses on the

envelopes and should be returned unopened.

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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The DCA's BUCHANAN CLARK & WELLS and DEBT MANAGERS LTD have now both been reported to my local Trading Standards, they are going to contact them after they have done check within the council and tell them to remove the address from their database, I have also gotten hold of a letter from our letting agents (also given two Tranding Standards) who have stated that the women moved out in June 2006, they also have an forwording address that will be give upon request.

 

I have sent in copies of the letters to Equifax and explained the situation, asking them if there is such an Address link to remove it.

 

Hopfully this will bring an end to this.

 

As for opening mail I have checked with both a local Solicitor, Trading Standards also followed up with a call to Royal Mail Customer Services...

All state that the law on mail is that it can not be opened whilst in it sorting procdure, unless Royal Mail think think there is something wrong.

As for name and addresses, the law is on addresses not name, so as long as it has gotten the correct address on the letter you can open it.

However Royal Mail did state that if you don't recognise the name and there is a return address then it may be best to cover the original address up and put the words "RETURN TO SENDER" on the front of the envelope it then get sent to Southampton for re-sorting and will be officially opened by Royal Mail if needs be.

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Never seen a DCA envelope with out a return address on the back.

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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The simple fact of this case it is not a linked address,

just the ''last known'' address for a debtor.

A straight forward notice to the compliance manager

of each DCA stating that this person does not reside

at this address sent 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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The simple fact of this case it is not a linked address,

just the ''last known'' address for a debtor.

A straight forward notice to the compliance manager

of each DCA stating that this person does not reside

at this address sent recorded delivery.

 

It might seem as if this a a last known address but this is not what the DCA's are claiming...

 

The letters clearly state that because of an address link held at a CRA then they are writing to my address as a possible new address, My concern was that she was still using my address for obtaining credit, this does not seem the case now.

 

After a bit of detective work I know that my address is one she lived at for a total of six months...

She was living in the same town (just two street away) with her monther prior to this and then went back to her monthers after being kicked out of my place, I then got a an arrest warrant for her from HULL, the court service told me that I did not have to worry about baliffs calling as they had now gotten her new address in HULL, but would not say more than this.

 

I know her mothers address cause it was on the letter from BCW, and I checked with my letting agents.

 

So we now have

Address 1: DN14 6ST

Address 2: DN14 6SQ

Address 3: DN14 6ST

Address 4: HULL

 

Over the last 5 years I have lived at my address I have told 6 different DCA's including three original creditors all but BCW have taken my word and I have not heard anything since.

 

But like I said in my last post the problem has been reported now and I hope it will now be sorted.

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