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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.

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      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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HELP with getting default dates changed or gone


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Hi i need help, ive read through so many posts on here and they are full of really useful info, but im also confused with it all .:|

Since 2006 i have been on a DMP and have just partial settled with them all. Most of the creditors defaulted me in 2007, when i started my DMP which i fully understand due to me paying reduced payments. After sending out mt partial settlements via payplan i have obtained my credit report and have discovered that after being on a DMP for nearly 7 years

Lloyds TSB only defaulted me on 28/06/2012

freemans catologue defaulted me on 11/07/2011

Robinsonway defaulted me on 11/06/2008

Cabot defaulted me on 21/12/2008

this means that my credit status has been rubbish for the past 7 years ( which i understand ias i was on DMP) But its also going to be bad for another 6 years because of these late defaults.

Is there anyway of having them removed or the dates altered to when i originally defaulted at the start of my DMP.

All help is greatly appreciated as i am confused as to which letter templates i should use

Please please please help :-):-):-):-):-):-)

 

Hi Welcome to CAG!!

 

Could you please post a suitable redacted copy of these credit file entries something seems very wrong here.

 

I can certainly challenge all the entries if you can give me the original dates.

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Ok what I'm seeing is Freemans default date 11/07/11

Robinsonway '' '' 11/06/08

Cabot '' '' 21/12/08

 

To make any challenge to these would need to know what the status was for each debt Prior to the sale.

 

Do you think/know if these are the Original default dates or have they been changed?

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Hi there is also lloyds to 28/06/2012

All the accounts have always been paid on time and no payments missed via my DMP

I started my DMP in 2006 and was defaulted in 2007 by my other creditors which i accept as i defaulted but its just these others that defaulted me later into my dmp

Those that have reported a default more than 6 months after the cause of action in this case entry into a DMP can be challenged, do you know if these were already defaulted by the creditor, banks usually default quite quickly.

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''It's onl happened since these other companies took over'' this makes me suspicious of the dates, it has been known for a DCA to claim that a default runs from the date they ''aquired'' the account.

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Wait for the full response! 14 days is reasonable.

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RW are passing the buck really they now own the debt and are resonsible for the cra file entries,but you can try approaching Cahoot about it.

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  • 2 weeks later...

Hi, These ''inconsistencies'' of reporting procedures do cause a lot of problems.

So to answer your questions, the Information Commissioners Offices' Trchnical Guidance on Defaults state that defaults ''should usually'' be placed within 6 months of the date of the cause of action, generally taken as being after 3 missed payments or a ''history '' of late/missed payments again usually within 6 months, so imo

defaulting 4 years in to a DMP is unreasonable and unfair and should be subject to a complaint to the ICO together a formal complaint to the data controller of CITI.

 

I can offer to help you with these complaints if needed.

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  • 2 weeks later...

Looks like the letter you have received is their ''final response'' so you can complain to FOS now.

Edited by BRIGADIER2JCS

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The guidance state ''SHOULD'' be placed ''usually'' with in 6 months of the cause of action, but there are some exceptions.

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Copy in the FOS with the details of the mismanagement of data it may help IF the matter then has to go to FOS at any time.

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I agree BUT if you threaten legal action you MUST be prepared to follow through!!

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Default notices are just that notice of ''what will/may happen'' if the cause of the default is not remedied.

So it seems Lloyds did not place a default after the 1st notice was sent.

 

Get a final response letter from them, the complain to FOS copied to the ICO.

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Yes short sharp ''warning'' letters to all parties with 7 days to comply.

You are correct about the mortgage app, it will be a bar to acceptance

even the sub prime market is cautious these days.

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  • 5 weeks later...

Well that's a good result and some financial redress too!!!

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  • 1 month later...
Hi update on my status is I have sucessfully haf 4 out of 4 defaults removed it was worth all the lengthy letters process thanks for all your help on here :-)

Very good result!!

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