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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
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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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M&S, changed from Storecard to Creditcard .


ajs444
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Hi ajs444

 

I have just had the same letter from credit security limited regarding an M&S Money account - which has been passed from one DCA to another for 2 years, one pretended to have a CCA but it was the chargecard application form NOT the credit card (shock!) now it appears to have been passed to this lot, I have CCA'd them, just - so will see what happens next. I have heard about CSL's tactics, they don't appear to be very nice people to deal with, not that any DCA's are but they appear to think they can scare people into 'phoning them.

 

As you say 'the merry-go-round' starts again!

Thought they'd all been a bit quiet :roll:

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Hi ajs444

I have received the same - copy of chargecard application form, once again and again this has been sent direct from M&S not via CSL, I was under the impression that once a DCA had 'bought' a debt it was them that had to provide the correct documentation? Maybe I am wrong - I think M&S are just employing the DCA's (this is the third one for me so far!) to do their dirty work, a pointless exercise in my case - I really wish I could magic the money out of thin air but sadly not and any amount of threat-o-grams/DCA's/ Court letters etc wont change a thing - I can't pay what I do not have and they do not have a valid agreement anyway :!:

I so love having to write pointless letters to DCA's, it gives meaning to my life!

I have thanked M&S Money for sending a copy of a chargecard agreement but asked that they send a copy of the credit card agreement that I requested please :-)

Will keep you posted.

 

Mum2Four

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  • 3 weeks later...

Well surprise, surprise! M&S Money have written to me saying that the application form they have sent me IS a valid CCA etc etc (errrr no it isn't!), in the meantime CSL have written to say they will continue to accept a token payment to be reviewed in six months, they also asked me to fill out a 'standing order form' which had to be signed (?!) and returned to them (surely they mean a 'Direct Debit' then!), but I wasn't falling for that one and instead will continue to pay M&S Money as I have been (no 'notice of assignment' as yet and the 'CCA' was sent by M&S Money NOT CSL).

 

I am doing this now with all my creditors, which is fine as it's all I can pay (I was advised to do this by the Citizens Advice people). I guess what they hope is that my circumstances will eventually improve and they will get the money - one day. I hope so too but in reality, when I've been looking for a job for three years and still no luck, other than that elusive lottery win I doubt this will ever happen. Still, it's not like I have anything better to do than play letter tennis for now. Plus if these ever do go to court none have a valid CCA anyway, although no doubt by the time they take me to court it will probably all have changed again and they wont need one, knowing my luck!

Edited by Mum2Four
missed a bit! and typos
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Should have told M&S to ram it, their CCA is not worth the paper it is written on. They try to tell you the CCA for a Chargecard is the same one as the Credit Card one, don't think so!!!

Don\'t let the B**tards grind you down

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  • 3 weeks later...
  • 3 months later...

Well letter from CSL this morning, nice pink colour, on an alleged debt of £5400 they will accept £1500, and if not sent sending someone nice to my door.

Don't think so CSL,letter going out to them on Monday.

Don\'t let the B**tards grind you down

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  • 2 weeks later...

Well reply from CSL,

"M&S can supply a copy of your CCA, please send one round pound to them for the CCA"

F***k*ng unbelievable, what planet are this lot on.

 

Going to advise them of previous correspondence and the other pond life that have already been repelled.

Don\'t let the B**tards grind you down

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  • 7 months later...

Well surprise this morning, letter from Lowells on M&S headed paper saying they are now collecting the debt, you just couldn't make this up.

Going to send CPUTR 2008 letter and see what happens from that.

Don\'t let the B**tards grind you down

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Well surprise this morning, letter from Lowells on M&S headed paper saying they are now collecting the debt, you just couldn't make this up.

Going to send CPUTR 2008 letter and see what happens from that.

 

and i have just got my post with same letter , keep me posted

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  • 1 month later...

had a letter saying its all sorted m&s sent me a cca 3rd march 2009 and all docs were sent to me.

goes on to say we trust this now resolves your query and look forward to hearing from you

any ideas what i do next, had an email at works email address yesterday and this morning a text

nothing to do with me i have a new payg phone so there are looking for somebody else for another debt

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Interesting, in my case M&S are still apparently searching their archives for my agreement! I take it their letter was their response to you sending them a CPUTR letter? In that case, what did they send you in March 2009? Are you like others on this thread who have have an M&S Chargecard turned into an &More Mastercard? Or is your situation more recent and you actually have an agreement that relates to the credit card?

 

What you do next does depend on your specific circumstances.

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Interesting, in my case M&S are still apparently searching their archives for my agreement! I take it their letter was their response to you sending them a CPUTR letter? In that case, what did they send you in March 2009? Are you like others on this thread who have have an M&S Chargecard turned into an &More Mastercard? Or is your situation more recent and you actually have an agreement that relates to the credit card?

 

What you do next does depend on your specific circumstances.

As above sent an old unreadable chargecard statement i did send a letter back putting account in dispute

so i am the same as rest of you , any ideas what to do next

thanks

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  • 1 month later...
Well surprise this morning, letter from Lowells on M&S headed paper saying they are now collecting the debt, you just couldn't make this up.

Going to send CPUTR 2008 letter and see what happens from that.

 

Hello AJS, just wondering how you are getting on with Lowell?

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  • 3 weeks later...

Well they went back to M&S to follow the paper trail, they even state I disputed transfer from Storecard to Credit Card, they now want me to contact them to clear outstanding balance.

 

Hope they are not holding their breath.

Don\'t let the B**tards grind you down

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  • 5 weeks later...

Hi AJS,

 

Just wondered if you had heard anything more from m&s and any accompany DCA lately?

 

As you know, my m&s story pretty similar to yours. last time i heard anything was march 2012 by one of their many DCAs! After sending DCA very pert letter to say the least! - well lets just say I dont want to tempt fate - but still waiting for a reply - But definately not holding my breath!!! LOL!

 

Im wondering inlight og santandar court case - maybe just maybe - they may be seeing the light?!

:cheer2: Pretty Princess Charlie :cheer2:

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