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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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M&S, changed from Storecard to Creditcard .


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Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

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

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Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

 

I know they do infuriate you:mad:

 

I just send the dca this little letter

 

Dear Sir/Madam,

Your ref: zzzzzzzz

 

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and Marks & Spencer Financial Services regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for harassment.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Cheers for that HHNF, coincidentally the address of this DCA is the same as M&S Money!!!!

So therefore there should be no communication problems.

Have sent details to FOS, who are dealing with this case.

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

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The CCA I received was identical to the one cleo4patra posted on Data Protection and Default Issues under M&S post 42.

I am going to send letter under CPR 31.16 that Banker rhymes talks about in post number 9 so that they understand what I was expecting from them.

cleo here - subbing - I agree it would be best to put all M & S threads together. When you say the CCA is the same - is that the front or the reverse or both????

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The front part is identical, they sent other T&C's which had no bearing on the original Storecard application.

I have written to them disputing what they sent as the reverse - they have now sent me a final demand threatening court, charging order, bailiffs and attatchment of earnings and I am unsure what to do???

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  • 2 weeks later...
  • 4 weeks later...

Had a final letter from the DCA, Pre-Legal-Collections saying they have made endless efforts to contact me, not something I am aware of!!!

They are sending someone to come and see me!!!

Have reported this to FOS and given them copies of letters so we will see what happens next.

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

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Hi HHNF,

Company chasing me is called Pre-Legal-Recoveries based once again in Chester.

I have not replied yet as I am needing to calm down to give a reasonable response.

They say they are going to visit me at my home address, well I hope they bring an acceptable and legal CCA with them.

 

HI

i had that letter last week and two calls last night one on house phone partner answered ( i was out) and two minutes later one on works phone

(i work from home) don't know were they got that number from, saying its

in my BEST INTEREST to ring before 8pm tonight

i can't post my app form the scanner won't scan will try again today

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HI

i had that letter last week and two calls last night one on house phone partner answered ( i was out) and two minutes later one on works phone

(i work from home) don't know were they got that number from, saying its

in my BEST INTEREST to ring before 8pm tonight

i can't post my app form the scanner won't scan will try again today

Had further letter today - they advise me to seek "immediate independent legal advice" and they "refute all of our allegations".

 

Enclosed with letter was a final demand

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had this today but can't scan so will type it

as you will be aware from my previous letters i have been instructed to contact you by the collections & recoveries dept at m&s money due to the serious arrears on your account.

despite many attempts to contact you directly, you appear to have ignorged or disregarded all of my efforts to resolve this matter.

goes on to say a default is due to be registered on my credit file etc

standard stuff

if you do not contact me i will be unable to prevent registration of the default. This is your FINAL opportunity to prevent this action.

If you contact me immediately on 0845 then i can arrange for no further action to take place. If you fail to contact me i will have no alternative

but to instruct our agents to visit your home address to recover the debt

 

please can somebody advise what letter i send,, i will sort out scanner over weekend and post the mirco film of my so called app form

thanks

bit worried about this and hope it was ok posting in this thread

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had this today but can't scan so will type it

as you will be aware from my previous letters i have been instructed to contact you by the collections & recoveries dept at m&s money due to the serious arrears on your account.

despite many attempts to contact you directly, you appear to have ignorged or disregarded all of my efforts to resolve this matter.

goes on to say a default is due to be registered on my credit file etc

standard stuff

if you do not contact me i will be unable to prevent registration of the default. This is your FINAL opportunity to prevent this action.

If you contact me immediately on 0845 then i can arrange for no further action to take place. If you fail to contact me i will have no alternative

but to instruct our agents to visit your home address to recover the debt

 

please can somebody advise what letter i send,, i will sort out scanner over weekend and post the mirco film of my so called app form

thanks

bit worried about this and hope it was ok posting in this thread

What was the "reverse" of the application form like???

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What was the "reverse" of the application form like???

 

would'nt no all i got was a very bad copy of a mirco film app form

it looks very much like a tri fold form the first page has two very slim

columns and the second is just my dd form

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would'nt no all i got was a very bad copy of a mirco film app form

it looks very much like a tri fold form the first page has two very slim

columns and the second is just my dd form

Anyone else got the "reverse" of their application form/ agreement??

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  • 2 weeks later...

Message back from FOS today, saying that M&S will stop sending out DCA letters till case resolved, they will still be putting notes on my credit file re-non payment.

Pointed out to FOS that since they have still failed to produce a valid CCA, that the account is in dispute and they have no right to put notes on credit file as at this point there is no agreement between us.

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

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  • 1 month later...

Well reply from that toothless organisaton called the FOS received and guess what ?

They cannot make a decision on the validity of the agreement!

It is up to the courts they say.

I find this totally outrageous that they cannot look at agreements and say if they are enforceable or not, talk about not upsetting the applecart!!!

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

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  • 1 month later...

Well all quiet on the Western front, only getting statements now, interest still being added.

A revelation from another cagger will change everything soon, keep your eyes peeled!!

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

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  • 2 weeks later...

So, in a quandry what to do, any suggestions would be welcome.

M&S just issuing monthly statements, adding interest, haven't paid them since Nov/Dec last year, everything ust flowing along.

I really want to get them out my life and cleared, how do I do this?

They are not taking me to court, "seriously fed up" and "Beetles" victories will have given them second thoughts.

Anybody with any ideas?

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

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