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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
      • 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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Notice of Assignment received 5 years after debt sold Citicard


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Just when I thought they'd got the hint,

 

I have today received a letter from Connaught saying they have passed my account onto their solicitors Judge & Priestley.

 

From my records this becomes statute barred at beginning of August,

 

really don't want them taking me to court so near to that date..

 

any ideas what I should do?

 

Quite confident that what they have sent me is not the correct t&cs

 

but may need to get a copy in order to cover myself...

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J&P

not seen then in court in years...

 

threat-o-grams to follow.

 

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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don't forget conault are 1st credit are J&P

so all in all just another trick to make you panic

 

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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no idea on the ipad

 

do it on a pc in the notifications tab

 

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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no idea on the ipad

 

do it on a pc in the notifications tab

 

dx

switch to full version of site?? on ipad

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Just when I thought they'd got the hint,

 

I have today received a letter from Connaught saying they have passed my account onto their solicitors Judge & Priestley.

 

From my records this becomes statute barred at beginning of August,

 

really don't want them taking me to court so near to that date..

 

any ideas what I should do?

 

Quite confident that what they have sent me is not the correct t&cs

 

but may need to get a copy in order to cover myself...

 

Is this the same account that the Stat Demand was issued on ?

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I will post when I get the letter from the "solicitors" so I can get an idea of how to respond..the one I received today from Connaught said they are disappointed I haven't responded to them despite their letters and telephone calls! They haven't called me they don't have my number and they only sent a couple of letters....

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I will post when I get the letter from the "solicitors" so I can get an idea of how to respond..the one I received today from Connaught said they are disappointed I haven't responded to them despite their letters and telephone calls! They haven't called me they don't have my number and they only sent a couple of letters....

 

 

Judge & Priestly of Bromley Kent, all though not actually part of 1st Credit have had a long association with them.

 

 

Dealing with them in the past and attempting to speak to a "a solicitor" was an impossible task,.

1st Credit at the time has an in house legal department head by a solicitor not registered with the SRA as "principal solicitor" and 1 paralegal who then passed on cases to J & P.

 

 

Then they disappeared of the scene until recently.

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Wish they would disappear of my scene :(

 

 

J & P used to love sending threatening letters but when challenged referred everything back to 1st Credit.

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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I am obviously expecting some form of communication from judge and priestly. Should I respond or just ignore in the first instance?

 

 

Much will depend on the content of any letter from J&P in the past it was often on the line of " recommending court action to their client" often files passed back to 1st Cruds legal department (1 paralegal and an absentee " principal solicitor" !)

 

 

Certainly do not attempt to converse with J&P by phone I tried the a few times in the past when assisting others with cases assigned to J&P for "legal action".

 

 

You may get a letter listing what MAY happen IF they get a judgement.

 

 

All the usual we may apply of an attachment of earnings order.

We May instruct bailiffs etc.,

We May refer the matter back to our client for a doorstep visit.

 

 

All the major threats and then referred back for the last one.

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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Ok..would now be a good time to do a SAR to the original creditor? Would that buy me time or would that admit liability? Just thinking as it's only a couple,of months until it's SB.

Yes certainly send a SAR, if J&P make contact send a reply on the lines of:

 

 

I do not acknowledge any debt to your client. I have made a Subject Access Request to the Original Creditor to retrieve all data relating to the alleged debt, no further communication will be entered into until the data is received.

 

 

At the same time send CCA request to J&P.

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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I have already done a cca request and received about 3 different lots of t&c's..I'm pretty confident they are not correct and more alone the lines of a recon..so i guess it's pointless sending off another one,min was just going to tell them that my request remains outstanding because what they have sent is not correct..would that be correct?

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I have already done a cca request and received about 3 different lots of t&c's..I'm pretty confident they are not correct and more alone the lines of a recon..so i guess it's pointless sending off another one,min was just going to tell them that my request remains outstanding because what they have sent is not correct..would that be correct?

These "reconstituted" agreements must consist of:

 

 

Your name and address at the inception of the agreement.

The Creditors name and address at inception of the agreement.

True copies of the Ts & Cs at inception of the agreement

" " " " at closure of the agreement.

Any variations/amendments made during the life of the agreement.

Any other document mentioned in the Ts & Cs ( many card issuers refer to a "booklet" enclosed with the card at issue).

A current statement of the account.

 

 

All must be included and must have the original "financial" information.

 

 

If you believe that the "recons" are not compliant yes tell 1st Crud that you reject them non compliant.

 

 

If the card / agreement was prior to April 2007 they will need the actual original signed agreement to attempt to get and enforce a judgement.

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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It was definitely prior to 2007. If they had the original I guess they would have sent it 😉

 

And I have told 1st credit on numerous occasions that it's non compliant but they just ignore this fact! Have done SAR will send off later..might just give me enough time to get to the SB date, well that and the non compliant agreement, no copy of original and a couple of other things which I haven't mentioned yet in case of prying eyes!

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It was definitely prior to 2007. If they had the original I guess they would have sent it 😉

 

And I have told 1st credit on numerous occasions that it's non compliant but they just ignore this fact! Have done SAR will send off later..might just give me enough time to get to the SB date, well that and the non compliant agreement, no copy of original and a couple of other things which I haven't mentioned yet in case of prying eyes!

Ok. I guess it's wait & see what J&P come up with and the results of the SAR.

 

 

If/when J&P write, you could mention the non compliant " recons".

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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