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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 160 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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datxman
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Ha Ha dont worry Neither can I, I had to use a calculator :wink:

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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So no confusion on account numbers then?

 

SAR to the bank to find out about the accounts, if you remember only having one, many people have different accounts with the same bank I have 3 .

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 9 months later...

Hi There,

 

I have received a letter from DLC stating that I owe them money for a debt with Lloydstsb bank.

 

I haven't used the account for over 6 years

however on my credit file it says I defaulted in 2008,

I asked for proof of debt and was sent some information which showed charges for having the account and overdraft charges.

 

No payments in or out, in fact one of the charges was for £165 for an unplanned overdraft fee.

 

The statement they sent me date back to oct 2007.

 

I believe this debt is fictional and if it was true then I believe it would be statute barred.

 

Can anyone shed some light on this for me, and suggest what I should do next.

 

Regards

 

Datxman

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Hi I think you need to make a SAR to the bank to get all the data they hold on this account.

 

Did you actually go into the overdraft? Above the limit?

 

Probably charges have accrued over the years

 

Default in 2008 would indicate the cause of action being usually 5 possibly 6 months prior to the actual default date., so March/ April 2008 approx.

 

Possibly stat barred earl next year.

 

Only the SAR will clarify this I think.

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 not had any default notice, If I do SAR on the bank, once I have the information what am I looking for ?

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Share on other sites

I have not had any default notice, If I do SAR on the bank, once I have the information what am I looking for ?

Default notices are not archived as hard copy, a creditor annotates the customers file that a DN was sent on a specific date and can rely on this evidence.

 

Yes the SAR should show when the DN was sent.

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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you need to know YOUR last financial use

in or out of the account.

 

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 There,

 

I have received a letter from DLC stating that I owe them money for a debt with Lloydstsb bank.

 

I haven't used the account for over 6 years

however on my credit file it says I defaulted in 2008,

I asked for proof of debt and was sent some information which showed charges for having the account and overdraft charges.

 

No payments in or out, in fact one of the charges was for £165 for an unplanned overdraft fee.

 

The statement they sent me date back to oct 2007.

 

I believe this debt is fictional and if it was true then I believe it would be statute barred.

 

Can anyone shed some light on this for me, and suggest what I should do next.

 

Regards

 

Datxman

 

I have no firm evidence however I believe it to be around April 2007 any money moved in or out of the account

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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have a look on noddle

they often have good archive info

 

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... 

Link to post
Share on other sites

  • 8 months later...

Hi All,

 

I have been getting letters from Hillesden securities saying that they are chasing a debt from Lloyds.

I asked for proof of debt and they sent me statements from lloyds.

 

The statements showed no payments being made just charges for being overdrawn.

 

The account was put in default in March 2008 however I was unaware of this default.

 

I have not acknowledge the debt and I have not made any payments to them for over six years.

It does not show on my credit file.

 

They have now sent the account to a DCA which is MBA, what should I do?

Edited by datxman
additional information

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

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Share on other sites

if the default is mar 2008 [ how do you know?]

 

theniits SB'd

 

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... 

Link to post
Share on other sites

if the default is mar 2008 [ how do you know?]

 

theniits SB'd

 

dx

 

It was in their letter when they replied to my proof of debt letter

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

Link to post
Share on other sites

silly beggars

 

then write back thanking then for the statements

that prove no payments have been made for +6yrs

and that this is confirmed by the defaulted date

 

thus the debt is statute barred.

 

the matter is now closed.

 

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... 

Link to post
Share on other sites

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