Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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 
      • 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
        • Like
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3835 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A CCA request provides an ''agreement'' and a statment of the account at the present time if you require more inforamation you must make a Subject Access Request (SAR) to

Halifax.

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:

Link to post
Share on other sites

  • Replies 421
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

My guess is that this is only one of the debts, the SAR I think is the way forward now, too risky to make guesses.

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:

Link to post
Share on other sites

  • 1 month later...

DNs are not routinely stored as hard copies, a note is made in records that a DN was sent for a default sum on a certain date.

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:

Link to post
Share on other sites

  • 8 months later...

Ist Credit are very likely to issue a County Court Claim, how much is owed, when was the last payment or written acknowledgment made on the account?

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:

Link to post
Share on other sites

1st Credit are fond of issuing statutory demands for payment on any debt over £750.0.

 

How much of this is charges, is there PPI on this account.

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:

Link to post
Share on other sites

No PPI..credit limit was 14,300 so 2000 of intrest and charges..Account was from 2001 so fairly oddish ..they can make me BR if they want ..I have nothing to give..Maybe I should ask them :)

 

Odd indeed on this large amount one must seriously consider WHY no punitive action has been taken after all this time.

 

A SAR to n Halifax is my advice at this stage.

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:

Link to post
Share on other sites

  • 1 month later...
UPDATE

 

Have received Sars from Halifax

..what am I looking for ? ..

no CCA TN or DN ..

 

also it states on one of the print outs that if I want a CCA sent I have to follow their procedure

but a copy/app was sent to client.

 

.Now I sent a CCA request recorded in 2008 to them

..they never sent CCA .

.It was only when wescot got Intouch in 2008 and I said account was in dispute due to no CCA that they sent the Copy/App

 

So im beginning to think they do not have a CCA ?

 

Ant thoughts on this ?

 

There is no obligation for a creditor to supply a the agreement with a SAR, any DN would likely be a 'generic' copy of what you would have received.

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:

Link to post
Share on other sites

It's a standard (editable) template letter, e.g. enter name here......: type with generic content.

 

If all the Ts & Cs and any amendments are not supplied or are illegible then even as 'a reconstituted' agreement the document does not comply with a sect. 77/78 request.

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:

Link to post
Share on other sites

Seems Halifax want this debt off their books and are not going to repurchase it.

 

The term used to define the legibility of the Ts & Cs is 'Easily Readable'.

 

If 1st Credit are that concerned on legibility personally my next move would be to reject the whole thing as noncompliant.

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:

Link to post
Share on other sites

Thanks Brig..I dont suppose you could draft me up a little letter about the whole thing being non compliant..? If halifax know its Enforc then why sell it to 1st cred? looks like 1st credit are questioning Halifax and Im questioning 1st cred..

 

Yes certainly will be done over the weekend!

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:

Link to post
Share on other sites

I also have PPI on this account from 2001 to 2005 ..quite a bit but to late to claim now I think

 

No limit on PPI reclaims I believe.

 

Have you got any details?

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:

Link to post
Share on other sites

Is PPI the same has Credit card Repayment cover ?

 

Very similar I think also not obligatory so could well be miss sold.

Details PPI payments, amount of payments made?

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:

Link to post
Share on other sites

NO admission of liability to Halifax they have sold the debt to 1ST Crud so any repayment come to you, nothing to do with 1ST Crud at all.

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:

Link to post
Share on other sites

So it would start the SB clock?

 

Thanks Brig am about to add it all up ?

 

The actual reclaim process is not my area of expertise I'll put out an SOS for you.

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:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...