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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
      • 160 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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control debt solutions and an IVA - owe more now then when i started.


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Well ims21 you have actually answered your own question,

 

the fact is that not all people want or have the time or knowledge to do a claim themselves

and that is why they would prefer for a company to do it for them.

 

I personally do not have the time and I certainly did not pay a 30% commission fee.

 

I think it is up to each individual to make their own decisions about who they want to act on their behalf,

and I also note that now a majority of PPI claims are actually not being upheld although they should be upheld.

 

For those of us who were extremely fortunate to receive compensation when the lenders were upholding complaints

it is great but for those people whose claims are not being upheld it is a different scenario.

 

and going to a fleecing CMC makes NO DIFFERENCE

 

CMC's have no special powers nor ANY POWERS at all to force anything

 

they have no better chance than doing it for FREE YOURSELF.

 

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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I would like to reply to Hacked Off regarding my post being irrelevant.

 

If you had in fact read the T&C of the company you would not be in the position you are now in.

 

As you have I assume signed the T&C it means that you accepted the T&C prior to Belmont Thornton acting on your behalf.

 

Belmont Thornton have every legal right to enforce further action if you do not pay the amount stated as owed.

 

It is a little late to cry wolf after the company has won the case.

 

Sounds like someone works for a claims company...

 

Would you be happy if a company ignored your explicit instructions, were ignorant of the law and refuse to speak to you further? Would you be happy if regardless of the terms and conditions you ended up doing the leg work yourself anyway because they were incompetent?

 

Why should they be paid for essentially doing bugger all?would you pay them when you had to secure payment yourself?

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I was on a debt managment plan a few years ago. After finding out the debt were significantly increasing and not lowering I exited the dmp. I have emailed wanting my fee back, just got this reply:

 

Many thanks for your email. As a company we take any customer, current or previous, complaint/query very seriously.

 

In relation to the arrangement fee of £80.00,

this was not payable to us this was a fee that you would have been charged by a company called Yourclear,

they used to refer new business to us that fitted the criteria to which we work.

 

They would have been initially responsible for informing you of all fees (including the initial fee) as well as advising of the service that we offer to you.

 

Then the case would have been transferred to us, after you paid your fee,

and we would have made you aware of the on-going management fee as well as reaffirming the advice in terms of the service we offer and what you would be gaining out of the plan.

 

I would normally recommend contacting Yourclear in order to escalate your query

however they went in to administration 4 years ago so if I am honest I think you would struggle to recoup any of the £80.00 fee paid to them.

 

Furthermore, and in respect of your balances increasing, you may recall that you payment plan was very sporadic in the nature of the payments you made.

This can be highlighted by stating the fact that only 21 monthly payments were made to In Control during the 37 Months that you were on the plan.

 

This, undoubtedly, would have caused issues in relation to the arrangements that we would have set in place for you

and caused your creditors, in some cases the charge you interest or charges.

 

I am unsure as to your current position in terms of the creditors that we were dealing with on your behalf,

but if you need any further help and advice please do contact me as it appears,

depending on your current circumstances,

that you may well qualify for something called a Debt Relief Order (DRO)

however, as I say, this does depend on your circumstances.

 

Sorry I cannot help any further. If there is anything else I can do, please let me know.

 

Really?

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Further to your email of 5th January, I would like to see all the paperwork related to your complaint against Belmont Thornton. Could you please send me, by post (address at the bottom of this email) or email, copies or scans of all the letters you have sent to them and all those received from them including the recent one referring to a debt collector? Also, please let me have a telephone number in case I need to talk to you about this.

 

Our remit, in respect of complaints, is to look into the way in which a business has handled your claim, and decide whether the business has handled your claim in accordance with our rules. If, having determined from a valid complaint, a business has breached its terms of authorisation, we will take appropriate action, as necessary, in accordance with our enforcement policy.

 

However, it is important to note that any action taken will not directly affect your claim, and The Claims Management Unit, or Regulator, cannot do any of the following: -

Re-open a claim.

Change, or influence, any decision made by the Financial Ombudsman Service or Courts.

Make representations to third parties on your behalf.

Take over the handling of your claim.

Advise you on legal matters, or disputes, not related to the Compensation Act 2006.

 

The Claims Management Regulation Unit has the authority to take regulatory enforcement action against authorised businesses proven to have breached the rules. The Claims Management Regulation Unit does not have authority to take action against individuals or determine the extent to which a consumer is liable for any payment required under the terms of a contractual agreement.

 

I would strongly recommend you take advice from Citizens’ Advice Consumer Service about the next steps to take in order to ensure your rights are upheld. You can contact Citizens’ Advice Consumer Service on 08454 04 05 06.

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so you are still with them?

 

DUMP THEM NOW if you are.

 

no fee paying DMP is in it for YOUR benefit.

 

all they do is take more and more fees

and

less and less actualy go off your debts.

 

as for the £80

he is diverting the blame

as these fleecing companies always do.

 

how old is this plan?

 

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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Re the letter from the debt collector:

 

I can confirm that the business you mention holds a consumer credit licence.

 

Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the Office of Fair Trading (OFT)

has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry.

 

The guidance is intended to ensure that debt collectors treat individuals fairly.

 

Non-compliance with this guidance will call into question the fitness of licence holders and appliccants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore recorded the details of your complaint,

and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take.

 

If we do take any action against this trader we may need to contact you again in the future.

 

Unfortunately, we cannot disclose any details about any action we may take,

due to legal restrictions on the OFT relating to disclosure of information

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Not with them no I dumped them in 2009 when I realised that after paying over a grand in a 2.5k debt the new total was at 4.5k!!! His explanation is above "sporadic payments" .

 

I never new I had been taken to another company i thought it was all one and the same.

 

I can't believe he's had the cheek to try and get me to do a debt relief order with them!!!!

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yea i know

their fleecing or utter disreagard of any important issues toward the well being of the CUSTOMER

is incedible!!

 

was the DD going to them

 

who was it paid too?

 

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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yep thats std.

 

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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Lol

 

Firstly, I would like to assure you that I am not skirting around the issue. A fee of £80.00 was never paid to X in respect of initiating any service or payment plan for you.

 

Secondly, I was not trying to persuade you to take up any further business with us. A DRO is something that we don’t offer directly in house but looking at your situation and debt level while you were with us you would have qualified for one. I was merely trying to provide you with some advice.

 

In relation to escalating a complaint to the FOS I need to refer you to my director who can then send you a copy of our complaints procedure. Please let me know if this is ok with you and I will pass him this email

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under section 56 of the CCA its THEIR PROBLEM!!

 

 

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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Share on other sites

What's that?

 

"Secondly, I was not trying to persuade you to take up any further business with us. A DRO is something that we don’t offer directly in house but looking at your situation and debt level while you were with us you would have qualified for one. I was merely trying to provide you with some advice."

 

And I bet he just happens to know a company who he can refer me to for a fee!!

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Consumer Credit Act Section 56. refers...

— (1) In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer—

(a) conducted by the creditor or owner in relation to the making of any regulated agreement, or

(b) conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or

© conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer.

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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I've just suggested he have a read of that

 

"As mentioned in my previous email, would you like me to pass this email thread on to my director so that your complaint/issue can be dealt with."

 

I think I should be going for a refund of all the fees

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yes + 8% int too

 

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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Haha

 

 

As I mentioned in my initial email to you no payment was made to in control debt solutions in terms of instigating a payment plan for you.

 

If you were not pleased with the service that you received here then by all means continue with your complaint/query. However as I stated before the reasons for your plans failure was the circumstances surrounding your payments and the sporadic nature of which they were made.

 

Do get me wrong, I am not in any way blaming you, merely suggesting that in my opinion it was more a victim of circumstance due to the nature of your income while the plan was in place.

 

As I say, my director is not available to deal with your query today however I will ensure that you have a response tomorrow.

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I have today received notification of your query and can confirm that Steve Bean’s response is accurate we did not charge you a set fee for your debt management plan. That charge was levied by the company that referred your case to us Your Clear Ltd.

 

I understand that you wish to pursue a complaint with In Control, if this is still the case I am obliged under our complaints policy to send you a copy of In Control’s complaints policy and request that you submit your complaint in writing.

 

Please could you provide me with your current address so I am able to comply with this procedure?

 

I look forward to hearing from you.

 

Charles Greed

 

Director

 

His name is ironic isn't it!

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  • 2 weeks later...
  • dx100uk changed the title to control debt solutions Trying to get back failed dmp fee?!
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