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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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      • 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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Northern Debt Recovery - Help with fees added on and general correspondence


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Have you checked your credit reference files?

If not do so it should indicate the actual owner of the debt.

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Yes e-mail followed up by RD letter.

 

To Greg Camp - bel.

 

Sir,

Re: account No. xxxxxxxxxx

Please take note I will deal with this matter in writting only, under no circumstance will any '' field agent'' representative or employee of any company visit my property, should you however persist in this manner the person will be ''invited'' to leave the premises immediately, failure to leave WILL result in their removal using any suitable and necessary measure.

 

For clarifcation: NO VISITS, NO PHONE CALL, contact in writting only.

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There is talk about paying the amount borrowed + 1 month interest, not sure if this is achievable, others may have suggestions liam.

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They pobably mean a DCA with a facility for doorstep collection which seems to be the way they proceed, so if that happens it's easily dealt with.

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Ok now it's wait and see time.

 

Should a 3rd party DCA threaten doorstep collection, come back to us and it can be sorted for you.

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Yes liam they ca do it but, you do not have to speak to any itinerant numpty with no authority. So

Send the following to the Compliance manager at NDR e-mail and RD.

 

Ref: as on their letter.

 

Sir,

 

I refer to your letter dated xx xx xxxx the conents of which have been noted, please take note I have no wish to make a appointment for any agent, representative or employee to visit my home, it is my choice to deal with ALL financial matters in writting therefore no such visit will be permitted. ( I refer you to the OFT Guidance 2003/2012 and the sections regarding the wishes of a debtor (alleged) as too when, WHERE and how they are contacted) should NDR persist with this course of action any such ''visitor'' will be invited to leave the premises immediately, failure to comply WILL lead to their removal.

 

As to costs of any such visit take note no such charge will be paid.

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What a load of rowlocks, were on earth are these delusions comeing from, it's well know that NDR is run by amateurs and love to make thraets.

 

I you want a letter drafted let me know.

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They are only doing this because not enough complaints are made to the regulators, report every thing, every time.

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e-mail the delusional Ms Campbel the following.

 

Ref: as on their e-mail

 

I refer to your rather ridiculous e-mail makig threats that seriously breach the OFT Guidance on Debt Collection 2003 update November 2012.

 

One would presume that as ''Debt Manager'' for your appalling company you are aware of the Guidance but for clairification I will spell this out for you:

 

1.''Door agents have been despatched''. Take note I will not discuss any matters with any agent of NDR and as set out in the OFT Guidance 3.9(k) states '' Ignoring or disregarding a debtors reasonable requests as to WHEN

 

2.''Solicitors have been briefed''.& 3. & 4 all amount to a breach of section 3.5 ©. Stating or impltying that enforcement procedures will ensue ........ under circumstances when court judgement has not been obtained.

 

It is my belief also that this e-mail breaches guidance on the manner and content of ''debt collection'' letters.

 

Perhaps you and thos in authority at NDC should study regulation and guidance carefully given that consumers now are empowered by more knowledge than NDR exhibits by sending such comunications.

 

I will now only communicate by letter with NDR all other forms of communication are unacceptable.

 

A copy of this correspondece is being forwarded to the OFT with a comment on the fitness of NDR to hold a Consumer Credit Licence.

 

I have today recveived another ''threat'' regarding ''bailiffs visiting in 4 days'' you must be be aware that this is another serious breach of the OFT Guidance on Debt Collection and as such is being added to my original complaint.

 

How such incompetence is allowed beggers belief and shows your company is totally unfit to hold a consumer credit licence.

 

 

Liam, I will draft a complaint to the OFT for you this lot really are beyond belief.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

++-

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This Must be reported to the OFT, they cannot threaten bailiffs calling they have no authority EG NO CCJ I'll amend the letter slightly.

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To NDR and the OFT?

 

If so I'll draft one for you tomorrow that you can send to both if you wish.

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yes to both, Thank you both so much for all of your help and advice!

Wil do !!

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Hi Liam Just reading through all that's occurred then will do the letter.

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OK.

This goes to the Managing Director by recorded delivery, you will need to send copies of all the correspondence received from them, mark the envelope Private & confidential.

 

The Managing Director

NDR

 

 

Formal Complaint/ Breaches of OFT GUIDANCE on DEBT COLLECTION 2003/2012.

 

Sir,

 

I have received a number of commuications regarding an outstanding debt of £ xxx.xx originally from xxxxxxx, the communications received are of a threatening nature and contravene the OFTT Guidance copies of these communications are attached for clarification.

 

I will list the various threats made and outline the breaches of the Guidance for each one.

 

1.An e-mail received on xx xx xxxx states ''we cannot accept payment plans'': OFT Guidance Section 3.7 (j): (physical/pschological harassment). ''Failing to allow for alternative, affordable , repayment amounts when a reasonable proposal is made by a debtor.......:

 

2.NDR has failed to comply with my wishes as to when, where and how I am contacted: (list dates . etc here): Section 3.7 (J) & (k) apply here: '' contcting debtors at unreasonable times.'' and ''ignoring or disregarding debtos' reasonable requests in respect of when, where and how to contact them''.

 

We now progress to the outrageous threats contained in e-mail from one Greg Campbell stated to be ''Debt Manager'':

 

1.Threats of Door step vistors.. see 2. above.

 

2.Bailifs have been informed. Section 3.3 (b) & (d) in particular (d). ''sending misleading communications........: Section 3.5 (b): ' falsely implying or stating that action can or will be taken, when legally it cannot'':

 

3. The statement that ''baliffs WILL call in 4 days. section 3.5 (b) as above is breached as is 3.5 ©:'' falsely stating or implying that a particular course of action WILL ensue before it is possible to know whether such action would be permissible'': A clear breach as bailiff action cannot take place until a CCJ has been obtained and the defendant fails to meet a judgement order.

 

This communication together with copies of ALL the communication is being sent to the Debt Collection Team at the OFT, and comments regarding the fitness of NDR to hold a Consumer Credit Licence will be made.

 

(liam if you wish to make an offer of payment put it here, perhaps amount of loan without any charges and 1 month interest on condition that charges are NOT pursude and all CRA entries are removed).

 

Covering letter to The OFT Debt Collection team.

 

Address to Ms P Ashford

 

Complaint Conduct Breaching OFT Guidance 2003/2012.

 

Dear Ms Ashford,

 

I have received a number of threatening and ''misleading'' letters from Northern Debt Collection Ltd of.... (give full address here) ..................................the communications are from a Greg Campbell who is stated to be ''Debt Manager'' these have caused me much stress and worry, in my opinion this company is unit to hold a consumer credit licence.

 

I am aware that the OFT cannot respond to individual complaints but would hope the OFT can act swiftly on this to prevent this company continuing to threaten debtors in this way.

 

All recorded delivery.

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Thank you so much for your help! I will be sending the letter via recorded delivery later today

 

If there is any way I can repay you both for your help then please let me know how!

 

Liam

A donation is always welcome Liam, please keep us posted on the results.

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As Maroondevo said we are all volunteers, with other occuptions in wide spectrum of jobs.

 

Your donation is much appreciated.

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ok. do you want to PM me instead, as I feel bad for high jacking this post...

 

It's ok that's how admin will contact you.

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ok, would you recommend that I keep paying the £75 per month or should I hold out and wait for a response to the formal complaint before making a decision

 

Yes continue this is entirely seperate.

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It's nonsense Liam baliffs CANNOT operate without a Court order/warrant.

 

Send e-mail ''OH no they wont'', no warrant no visit''!!

I'll guide you through this right to a conclusion.

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This must go in as a complete complaint to the OFT there is no point reporting bit here and there.

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That's fine complaint has been logged with all the others and will be used when NDR try to renew the CCL.

So the more complaints logged the better, as the OFT cannot divulge what action they may or have taken we have to see what transpires.

They may well contact NDR soon.

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