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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 
      • 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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Ignore them. SImply tell them youa re on income support. Get a quick letter from the jobcentre to prove it, and tell the PDL they are getting £1 a month. Also, this PDL is under investigation for breaking their credit license and a few other things. They seem to have become a lot more desperate lately, possibly because they could lose their license since theyve already had action taken against them before.

 

 

Should they try and take you to court, its a straightforward defence where you can show a judge proof you are on IS and that youve tried to contact the PDL but they ignored you. However, this PDL rarely goes to court, and when they actually do submit a claim, they run off when a defence is filed.

 

You also must file a full complaint with teh oft and trading standards, as they are posing as bailiffs which they are not. Keep that letter and show a judge it, if you ever go to court. If you need help with a letter to send these muppets to put them in their place, let me know. These are my favourite PDL to deal with.

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..

 

 

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SC only passes it to their inhouse DCA. Meaning its the same company, just a different trading name.

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..

 

 

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No harm in telling them that. Infact it strengthens you position as you have proof and youve asked them to check again.

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..

 

 

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Its the usual crap from them. Send it to the oft. Theres no way theyll ever get those charges to stand up on any sort of level.

 

Not to mention theyre trying to threaten you with bailiffs. Get it to the oft as its breaking multipe clauses of the guidance.

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..

 

 

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Thats how they operate. It's also a reason why you MUST get a complaint into the OFT, each and every time you recieve a letter like that. If you dont complain, then the OFT thinks the company is acting legally and with no issues.

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..

 

 

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Paperless office means inhouse DCA and they dont want repercussions if anyone is to question them. More evidence of them operating illegally. They can simply say " prove we are NDR. Good luck finding any documents!" Make sure you get the paperless office quote to the OFT.

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..

 

 

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CCA wont stop them. You need to write to them and revoke authorisation for them to debit the account. you then need to follow the procedure to cancel the CPA with your bank. If you have a new account but with the same banking group, its possible the bank will just give them the new info because you havent shown that you revoked transaction rights.

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..

 

 

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Who ignored it? The bank? Name and shame them.

 

If so, put it in writing and go to your nearest bank. By law ( FSA ruling 2009), they MUST cancel the CPA upon your instructions.

 

If they still refuse, then you must make formal complaints to the bank and FSA. If the bank doesnt adhere to the law within 8 weeks, contact the FOS.

 

 

Also, did you instruct them before the debit attempt? If so, should any money come out of your bank, the bank must put the money back and return the account to how it was before the transaction happened. This includes removal of any overdraft fees etc.

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..

 

 

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I sent the cpa revoke and theyve chose to ignore it, the bank cancelled toothfairy taking anything out the bank does.NDR try to debt from that account or their own, my new account is with a totally different bank

 

Which bank was your original bank with and who are you with now? A lot of banks are ran by the same banking group and share account details.

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..

 

 

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Yes, lloyds is in the same group as halifax.

 

http://www.lloydsbankinggroup.com/media1/our_brands2.asp

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..

 

 

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My new bank is lloyds tsb are they in the same group as halifax, new account has no overdraft so it wiuld bounce anyways

 

Not necessarily. If theres a CPA, halifax/lloyds have been known to create an unauthorised overdraft due to the PDL using a CPA, and the bank will charge you for it.

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..

 

 

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You need to start chargeback proceedings, and supply proof if you can.

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..

 

 

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Lets dissect that letter.

 

We are fully compliant with all necessary laws, legislation and the Office of Fair Trade (OFT) Guidelines.

 

Theyre obviously not. We and a lot of other people have evidence to counter that. Keep reading for proof.

 

On 24.07.12 you will incur the following charges:

£350 recovery fee

£10 missed fee

1 interest charge of £48

which will make your outstanding balance £762.

You must pay either

1) £354 by 23.07.12,

OR

2) £762 by 07.08.12.

 

 

£350 Recovery fee is classed as an unfair charge and is not enforceable and is there to inflate the debt in an attempt for the creditor to "unjustly enrich" themselves.

 

The £10 "missed payment" charge is unfair, and is there purely to escalate the debt.

 

Under OFT guidance on debt collection, they cant demand that payment is made by a certain date under threats of sending it to DCA's or wherever else. This is considered harassment and intimidation.

 

Failure to make either payment will result in your file being passed to a third party bailiff company who will commence proceedings against you in your local county court.

Yours sincerely,

 

Again, theyre breaking OFT guidance on debt collection my misleading the debtor into thinking bailiffs will be coming. So much for being fully compliant huh :)

 

 

We have allowed you to extend the loan as a goodwill gesture.

 

Simple get out clause in a vain attempt to make themselves look good. They know they have done wrong, and are trying to shift the blame to you.

 

In accordance wih the Standard Terms and Conditions you agreed to, we will be automatically taking payment tomorrow as agreed. Please ensure the amount of GBP 144 is available by midnight tonight.

 

They have no right to say that without your permission and acceptance. Their terms and conditions do not override law or regulation.

 

If there are insufficient funds in the account the payment might fail and all charges will IMMEDIATELY become due, ALL back dated interest, penalty fees will be charged.

 

Again a blatant violation of guidance on debt collection.

 

Recovery Agents will be sent to all addresses we have on file for you in order to obtain payment. Should this also prove unsuccessful we will be liaising with solicitors who will obtain a County Court Judgement against you. Once this is secured we will return with a Warrant of Execution from the County Court and certified Court bailiffs to seize goods at 9 times the value of what you owe.

 

No they wont. This has already been proven and contested in court, yet they still go with it. Again, theyre not really being compliant.

 

IT IS ESSENTIAL you HONOUR this agreement

 

Why? Just because they say so? Repayments are to be made on your terms if you are experiencing financial difficulty. Not theirs.

 

 

 

 

I sure hope you are getting this to the OFT and trading standards. I would write out a letter of complaint for you to send, but due to prior experience helping other people on here with this company, the letter will just go ignored. Or theyll try to write back in a smart arsed way.

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

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They can block it if they have the merchant name. Theyre talking out of their arse if they say they cant. It being with a DCA has no bearing on if they refund it or not. If a transaction was processed fraudulantly or without the accoutn holders permission you are perfectly entitled to full recompense.

 

Call them back and say that you want the CPA cancelled as well. Note the time and date of the call, and ask them to record the call as well. This covers you under the ruling in 2009 by the FSA.

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

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They CAN block it. IF every other bank just needs the processing merchants name, im pretty sure halifax can do it too.

 

You really should have got this phone call recorded or get it in writing.

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

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Thats halifax for you. They didnt do an "exception". There were completely wrong and you proved it.

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

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Theyre doing the usual thing. Theyre trying to scare yoh into giving money. Get the letter to the oft in a full complaint.

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

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Also remember that the interest they are charging wont stand up in court if contested. Especially as you are in financial difficulty and are trying to get a repayment plan accepted. They are hiking up the debt to a level where it will become unrepayable. This is in breach of OFT guidance.

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

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Get that letter in a complaint to the oft and trading standards.

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

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Get a complaint into the pdl and oft. tr and relax to because the absolute most youll have to pay is £1 a month while you are on benefits. The pdls do not like this and thats why they are trying to threaten you for more.

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

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You NEED to get complaining. If you dont, they will think they have a cash cow. They will hike up the debt with tons of charges (as they are already doing) and hope to get a judgement by default.

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

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If they ignore your complaints, then its more ammunition for you to use against them. As for court, what will most likely happen is once they have seen you intend to fully defend yourself, they will try to settle out of court as they dont want their business practices shown. They recently took someone to court who provided a defense, and the rep they sent managed to settle out of court around 5 mins before they were due to go into the courtroom.

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

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If youre on benefits, then they get £1 a month. Regardless of their anctics. They also need to learn that repayments are made around YOUR financial situation and not whatever arbitrary number they decide to throw out. There have also been a few reports int he last week or so of some PDL's actually asking if a debtor can decrease their essential outgoings in order to pay them more per month.

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

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So much for their previous excuse that they only use the same software.

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

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Time to get it to the OFT as part of their investigation. They are trying to play ignorant, in hopes that you will just give in and say "whatever" and pay what they say.

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

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