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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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Does legal action freeze the SB clock?


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It's getting close to the SB clock on a number of alleged debts, I've sent 'prove it' letter with no reply they just transfer the 'debt' on and I get a new DCA to play with.

 

I'm well used to the threat'o'grams but I have 2 large amounts (both over 10k) going SB in October and November, both are 'owned' by Lowell.

 

Recently I've had a 'we found you' letter from Fredrickson, I sent a "Well done I was never hiding/prove it" letter, but before this has got there (recorded) I've had another letter, again 'considering' legal action.

 

I'm going to post the 'prove it' letter again but wondered if they were to start legal action it takes a few months to get going and then there is the court date to settle.

 

If they were to start formal legal action but by the time it went to court the SB clock had run out, would they be able to enforce the debt, or is that just bad luck on their part?

Andrew

 

Escaped the DCA nightmare, now helping others start businesses

www.ukleakdetection.co.uk

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If the action is started and documents are before the court SB will not come into effect.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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What are these debts ? Have you asked for a copy of the CCA ? Any PPI/charges that you can challenge ?

We could do with some help from you.

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IMHO i would have given up letter tennis after the very first DCA letter

you keep playing letter tennis

they'll think they can catch a mug.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What can be used against them is the fact that no court action or enforcement action was taken before 'within a reasonable timeframe'.

 

Eh?

 

So long as action is commenced within the limitation period it'll be allowed.

 

In relation to the OP's query, Brig is absolutely right here. So long as the claim is raised within the 6 years it wouldn't matter if the actual hearing (if there is one) is after the 6 years. There is a definition within s38(1) of the Act:

 

'(1)In this Act, unless the context otherwise requires— .

“action” includes any proceeding in a court of law, including an ecclesiastical court'

 

http://www.legislation.gov.uk/ukpga/1980/58/section/38

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Hmm, it's on my credit file (with the default date) but not to Lowell, I've only been dealing with these when they have made noises that concern me (for Crapquest is was a statutory notice) then I have made a CCA request.

 

I've not made a CCA request, only replying to the last letter as it was a "A-ha! we found you hiding" and I was not. I'm concerned that they might start legal action as it's so close to SB.

 

I've not sent the second letter, do you think I should send a CCA request to them and if so Lowell or Fredrickson as they are both bottom feeding DCA's?

Andrew

 

Escaped the DCA nightmare, now helping others start businesses

www.ukleakdetection.co.uk

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I think a CCA request would certainly be worth doing, especially since you're entitled to a statement of account just as much as you are the credit agreement. I wouldn't trust what a credit report says, they are often inaccurate. Ensure that you make it clear that the £1 fee is not to be used to make a payment 'in respect of the debt' as it cannot be used to reset the limitations clock (if not already over). Also ensure that your letter is clear that it's not acknowledging the 'debt'.

 

Hope this helps!

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I've got a copy of my experian and Noodle reports and they both agree on the default date.

 

I'm sure there are a heap of hoops to keep them busy and like Crapquest I doubt they will have the correct paperwork.

 

Ho-hum looks like I'm sending a CCA request over the weekend.

Andrew

 

Escaped the DCA nightmare, now helping others start businesses

www.ukleakdetection.co.uk

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THE DEFAULT DATE matters not as the SB clock starts from when you stoped making payment NOT THE DEFAULT DATE which can be added to your file upto 6 months later . so it might already be SB

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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THE DEFAULT DATE matters not as the SB clock starts from when you stoped making payment NOT THE DEFAULT DATE which can be added to your file upto 6 months later . so it might already be SB

 

The time starts running when the account defaults as per the terms & conditions. with credit cards and loans this is often once a few payments have been missed, a default notice served and expired. What's important to note is that many creditors try and mislead people as to when the account 'defaulted' - I've seen scores of wrong defaults on credit reports to try and coax payment from unsuspecting debtors. The OFT have made is clear that the sending of a defualt notice by a creditor is simply a procedural bar and not relevant to the start of the cause of action. You would also look at the terms and conditions of the contract when calculating the start of the cause of action instead.

 

Hope that makes sense!

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Yes makes sense, I've sent the usual CCA request with the £1 postal order and marked it as no debt acknowledged etc, plus asked for statement of account.

 

That should keep them busy and the statement will show if it's SB'd (or VERY close), I've not made any secret on here that after illness and financial reversal, I offered all my creditors payments only First Direct accepted and they have been pretty good throughout.

 

The rest did a bolt'n'run and sold to DCA's etc and I know both these amounts are WAYYYY high and from loans for much less arranged over the phone, so I very much doubt there is a cat in hells chance they have the correct paperwork or all the default notices, assignments etc.

 

Just need to keep an eye on them over the next few months. :|

Andrew

 

Escaped the DCA nightmare, now helping others start businesses

www.ukleakdetection.co.uk

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