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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
      • 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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1st Credit Court Claim Form LLoyds credit card ***Settled by Tomlin Order***


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How can i stop the DC calling again ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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just ignore them.

 

get your CRA file

 

see below

 

that will tell you the owner of the debt.

 

if its still owner by LLoyds

 

ignore wetcloths.

 

they can do nothing to you.

 

not got any PENALTY charges?

 

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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for history

i've merged all your threads on this card

 

p'haps better to keep to this thread

rather than post a new one

 

we can see the history of advise better

 

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

Thanks.

Ive checked my credit file and its not been updated by Lloyds since 2011 !

I think i have the SAR info somewhere and there were no charges but ill check.

So do you think its still owned by Lloyds then. I did e mail them last year and offer to repay in full over 12 months if they would remove the default but had no joy .

I want to stop the DC agent its sending me crazy-bad memories.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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not really anyway you can stop wetcloths

 

give the letters to the hampster.

 

 

i refer you to post 106

 

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

  • 1 year later...

I really really need to avoid a CCJ .

 

I defaulted on a Lloyds CC in 2010.

The last payment was Sept I think 2011.

 

I sent CCA in June 2012 and received a copy of original agreement.

 

My argument was that the default was placed on my file during a time when the account was in dispute .

 

At the time I requested a list of charges but have no copy of that letter .

 

I e mailed them to arrange a payment plan and consideration of removing the defauly but they only said to call them.

 

the POC are:

 

The claimant claims the sum of 1065 for debt and interest on x /x/ 2002

the defendant entered into an agreement with Lloys plc for a cc under ref no. xxxxxx.

 

On x/x/2010 the defendant defaulted on the agreement with an outstanding balance of 1030,

 

On x/x/2013 the debt was assigned to 1st credit in the sum of 1030.

 

Notice of assignment was sent to the defendant in accordance with ...

 

1 the sum of 1035

2 statutory interest pursuant to section 69 of the county court act 1984

at a rate of 8% per annum from x/x/13 to x/4/14 32.78 and thereafter at a daily rate of 0.22

until judgement or sooner payment.

 

Have I got this money-its about the limit of my emergency fund given that my husband of 25 years has left me last month

with 4 children and the sub total of about 1200 savings for emergencies.

 

This is now the only default on my file which would have meant buying a more suitable property in 2 years which is my absolute dream.

 

I will do anything really to avoid a CCJ except im not sure I could even feed us next month if I pay this up front.

 

Any advise would be very very appreciated and thank you x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Hi

Yes Andy it is ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Threads merged..please do not start new threads on the same matter.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Ive just read the sticky re receiving a claim so ill just recap with any more details :

 

 

Name of Claimant

1st credit

Name of solicitors

Moon Beaver

Date of issue

17 th April 2014

POC

The claimant claims the sum of 1070 for debt and interest.

link3.gif on x /x/ 2002 the defendant entered into an agreement with Lloys plc for a credit card under ref no. xxxxxx.

On x/x/2010 the defendant defaulted on the agreement with an outstanding balance of 1035,

On x/x/2013 the debt was assigned to 1st creditlink3.gif in the sum of 1035.

Notice of assignment was sent to the defendant in accordance with ...and the claimant claims :

 

1 the sum of 1035

2 statutory interest pursuant to section 69 of the county courtlink3.gif act 1984

at a rate of 8% per annum from x/x/13 to x/4/14 32.78 and thereafter at a daily rate of 0.22 until judgement or sooner payment.

 

When did I enter into agreement

2002

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim

Original Creditor was Lloyds

Were you aware the account had been assigned – did you receive a Notice of Assignment

I cant recall receiving a notice of assignment although I've received letters from Credit security,Wescot,Call Serve,DMpay,direct legal.Parkgate,Russel and Aitken solicitors, Apex, HL legal collections,MHA collections.

 

 

Did you receive a Default Notice from the original creditor?

Yes collections centre Lloyds tsb sept 2010.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No I don't think so.

Was there a dispute with the original creditor that remains unresolved?

Yes I was disputing at time of default but have no proof. I wrote asking for a list of charges and got a default. I remember sending a letter along at the time saying that the account was in dispute so action should not be taken or something along those line .

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan?

I don't remember but I did contact dmpay asking to arrange payment and asking if they would consider removing the default in June 2011

 

 

I want to avoid a CCJ desperately .

Have I got this money to pay it ? well -its about the limit of my emergency fund given that my husband of 25 years has left me last month with 4 children and the sub total of about 1200 savings for emergencies.

This is now the only default on my file which would have meant buying a more suitable property in 2 years which is my absolute dream.

I will do anything really to avoid a CCJ except im not sure I could even feed us next month if I pay this up front.

Any advise would be very very appreciated and thank you x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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you should ideally ack the claim within 19 days from the date on the claim form

after registering with MCOL FIRST

 

defend all

 

you then have a total of 33days from the claimform date to file a defence

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

Thanks dx.

Do you think it would do any good to contact 1st credit and ask them to withdraw the claim if I agree a payment plan ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Share on other sites

woe...slow down.

 

since your last time 2011ish

 

Lloyds must have sold the debt on to 1st credit

 

have you ever had the notice of assignment

and default notice

etc etc.

 

for 2002 the CCA might be rare too!

 

send moonbeever a CCA request and CPR 31:14

 

without a CCA and DN they'll have a diff job getting a CCJ

 

go read a few threads in this forum where you are now

 

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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Ok dx thanks

 

how long have I got then if claim is dated 17 th April ?

 

if I fill in full defence am hoping for some sort of mediation as I think I can maybe avoid a CCj this way ?

 

My priority is to avoid a ccj.

 

It wasn't 1st credit I approached in 2011 it was another of many DCA who wrote to me, DMPAY or something.

 

Am I right in thinking I can still avoid a CCj if mediation takes place ?

 

what defence can I use ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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you need information

 

get those letters off TODAY before the PO closes

 

you have 33 days [inc] to worry about your defence

 

also ENSURE you ack the claim within 19days defend all.

 

get your ducks inline FIRST

 

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

I'm doing this now can someone please tell me if the case no . For the CPR letter is the claim no on the top right of the claim form ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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yes claim number

 

as for the CCA you use the original account number [LLoyds]

 

don't sign the letters

use a blank £1 PO for the CCA

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

fab thank you that was my next question !

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

CCA also to Moon beaver not 1st credit ??

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Thank you.

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
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When you say do not sign the CPR I've put my name digitally on the letter is that ok ?

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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Ok Ive done CCA to 1st Credit and will send recorded with blank PO.

Ive done CPR to Moon Beaver and will send recorded.

Ive not hand signed either but printed my name at the bottom is that ok ??

Ive ack the claim defending in full and did not tick the box to say I intended to contest jurisdiction ?

 

 

Wait and see now.

Will do whatever I have to to avoid CCJ .

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

Link to post
Share on other sites

Ok I sent CPR to Moon Beaver sol acting on behalf of 1st credit who issued a claim dated 17th April.

This is the reply I got this morning:

Dear madam,

We act on behalf of 1st credit Finance Ltd.

We refer to your letter dated 26th April 2014 and the request for documentation contained therein.

We have referred your letter to our client and either we or they will respond in due course. We will place the claim on ho;d during the intervening period.

Your faithfully

 

 

Do you think its worth calling Moon Beaver and asking if they would withdraw the claim officially if I agree a payment plan ?

Or should I hang fire and see if they comply before filling in defence ?

many thanks x

Dec 2006 SARS request :p

 

5th Feb 2007 initial request inc list of charges totalling £1706.50 without 8% interest :o

 

15th Feb 2007"bog off " letter received.:(

 

19th Feb 2007 LBA sent with further copy of charges:|

 

4th April £750 goodwill gesture paid into bank

 

11th Aug 2007-another £704 charges since and lloyds served me with enforcement notoice

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If you really want to pay this off then yes make an offer BUT if you do this on the phone ensure the call can be recorded and reiterate the offer in writing by recorded signed for post and do not make any payment (s) until you have MBs agreement in writing.

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:

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