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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.

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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.
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      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
        • Like

BCW doorstep visit


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Hi,

 

Hopefully this is posted in the right area.

 

My girlfriend has received a few letters from BCW chasing her for an outstanding debt of 8K from Aktiv Kapitol (think that's how you spell it, haven't got the letters with me!)

 

Firstly the letters are in her married name. She has been divorced nearly 2 years and has been using her maiden name again for the last 3-4 years.

 

She has never had a credit card/agreement with Aktiv Kapitol, so has ignored these letters.

 

After looking through these forums, i now believe they have probably taken over the debt from someone else.

 

She has checked her credit report, which shows an entry for Aktiv Kapitol starting in Sept 2007 and defaulted as of Oct 2009,

 

although there are no other entries for this and no payment was ever made.

 

There are no other credit cards/agreements shown as in arrears/defaulted.

 

She and her ex-husband got into financial difficulty before they split.

She is still on the mortgage of their house, but as it is in negative equity,

the mortgage provider won't release her from it until it is in profit and he can remortgage on his own, which i can't see happening anytime soon.

 

She lives with me but is a stay at home mum, with no income of her own other than child benefit and child maintenance from her ex.

 

I pay all the household bills for us all, so she just spends what little money she has on running her car,

phone bill and stuff for herself and the kids, obviously supplemented by me where i can.

 

 

Bear with me as i'm nearly there!

 

She has now received a letter from BCW stating that they are now going to send round a door step agent??

 

What if any powers do these people have, if in fact the debt is actually hers, having been passed on from an old credit card?

 

She has no possessions of any worth and has very little money coming in.

As she is now living with me,

 

can anyone go after any of my assets?

Can my income be taken into account if she has to come up with any kind of payment plan?

 

Any advice gladly received.

 

Great forum by the way!

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BCW are not BAILIFFS

they are a DCA and have NO SUCH LEGAL POWERS

IF [and a big one]

some guy in a dirty mac does turn up

politely tell him to do one.

 

there is NITHING they can do.

you say this is on here CRA file so what type ofcredit was it?

 

for the OC to sell it

to A. kleaners, there must be something wrong with the debt.

 

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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Hi welcome to CAG.

 

BCW and any of their fake 'doorstep agents/collectors' have exactly NO LEGAL RIGHTS whatsoever, and if they did turn up unannounced then the ONLY discussion that needs to take place is to tell them to remove themselves from your property or you will call the Police.

If they fail to vanish when told then call the Police and report that you have a stranger on your property who refuses to leave when told to do so and you believe they will cause a breach of the peace, replace the handset and watch as the beggar runs off at the sound of sirens.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi DX

 

Equifax just says Credit card from Aktiv Kapital, it just shows the current balance as stated above, credit limit as £0, start and default date as sept 07 and oct 09, with the only entry in the payment history being the default entry in oct 2009.

 

She is adamant that although she did have debts, never had a card with these people!

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Aktiv Kapital Are a purchase company the will have acquired the account from the original creditor and are now the beneficial owner of the debt with all the rights and obligations of the original agreement.

So this debt will arise from a credit card provider such as MBNA, Barclaycard etc.

 

Make a CCA request to BCW.

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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Mind you, if they want to visit your doorstep, I'm sure it will make them welcome

CCA is spot on

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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