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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.

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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
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Speed Credit / NDR


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Hey,

 

My partner has found herself in a bit of a mess with her a specific pay-day loan from Speed Credit (Who I think shows up as Microcredit on her Noodle Credit Report).

 

The loan with Speed Credit was initially for £400, but since they've been closed down, the debt was apparently transferred to NDR (Northern Debt Recovery) who are now requesting a total sum of £3,329.

 

Seeing as Speed Credit was closed down, and NDR are recovering the money for Speed Credit, does it need to be paid?

 

At the moment her Credit Report is... Bad. Simply Put. And we're looking at improving it so we can get a mortgage in a few years.

But can't really improve it without getting rid of these Red Marks on her sheet.

 

Also - On her Experian credit report, it shows a pay-day loan from a company 'EXPRESS FINANCE LIMITED', does anyone know what company that is?

 

I really do appreciate any help that can be given.

 

Thanks guys, in advance.

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Hi welcome to CAG.

 

Her credit file will be shot for the next six years, regardless of whether you pay it or not, it will make no difference to the credit report.

 

The only issue I would have is that this is above the £750 bankruptcy limit, so they could if they wanted file for BR, but don't get too worried with that, this is after all a PDL which is now doubt inflated with fees charges and a 3000% interest rate?

 

IMO your best bet would be to send a SAR direct to NDR enclose the £10 stat fee, they have 40 calender days in which to respond with ALL of the documents requested.

 

Does your OH still have the agreement she signed?

What did the T&C's state?

Was she up to date with her payments to |Speed Credit or behind?

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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Hey BB,

 

Thanks for your reply, she has 45 charges on that £400 to bring it to the £3,329 :|.

 

I've looked up the SAR. What happens after the 40 days if they haven't responded, or if they have?

 

She doesn't have the agreement she signed, nor the T&C to check through.

 

As for her payments with Speed Credit, she was behind. She got way in over her head.

 

 

Appreciating the help so much as I have no idea about any of this stuff. Thank you :)

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OK, then a SAR is going to be the best way to deal with this.

I think it will be this one? http://www.consumeractiongroup.co.uk/forum/showthread.php?387315-Debt-or-DCA-Subject-Access-Request

 

Enclose the £10 postal order, make it payable to NDR as they are now the data controllers.

 

If they fail to supply ALL of the data requested (you can stipulate exactly what you want, including fees/charges added, interest, default letter, termination notice, notice of assignment) then you should issue them with a letter before action (LBA) before escalating it to the Information Commissioner (ICO) to investigate, but cross that bridge, if and when you come to it.

 

First things first is to get all the info they have regarding the history of this account.

I would send this via recorded delivery too.

 

Are NDR harassing her yet?

Keep a diary of events, if they ring just say "everything in writing" and hang up, or just hang up anyway.

NEVER EVER discuss this over the phone, unless you can record the calls (both sides) then you need to get a paper trail of evidence.

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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Ignore the amount they claim to be after. its full of charges and would never get through court. Also, NDR/Speedcredit/toothfairy etc are all the same company.

 

Regarding microcredit.... thats minicredit who operate EXACTLY the same as toothfairy and speedcredit did.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'll get the SAR done & sent first thing in the morning then.

 

They've sent her a few letters, threatening with court procedures and also the 'friendly' visit from their bailiffs.

Which she's worried sick about even though she knows they can't do a damn thing.

 

And before it was NDR, she was receiving the same letters from Marshall Hoares.

 

She never talks to them on the phone (Mostly because she's scared) and either lets it got to answer phone, or declines the call.

 

I had planned to pay back the entire bill, just to clear all this mess up. But if it's possible to not pay out such an extortionate amount, then I wont.

Thing I find weird is that there is nothing on her Credit Report about this loan at all (Had thought it was under 'Microcredit', but turns out that is Mini Credit, which has been paid off). Have got both Noodle & Experian, and NDR/Marshall/SpeedCredit show up on neither.

 

As already said, thanks so much guys for the help. Already taking some of the stress off the shoulders. :)

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You only owe the original loan plus original contracted interest minus what you have already paid. You do not owe all the charges and interest they have levied purely for profit. As for the Credit file, apparently all entries relating to toothfairy and its joint companies have been removed.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They've sent her a few letters, threatening with court procedures and also the 'friendly' visit from their bailiffslink3.gif.

Which she's worried sick about even though she knows they can't do a damn thing.

 

Too damn right they can't! Simply because they are NOT BAILIFFS, nor will they ever be, they ARE powerless debt collectors who have ZERO legal powers and even less POWERS to anything less for sending out puerile threat letters.

 

Unless they have been to court, and been awarded a CCJ against her then bailiffs won't even come into the equation, so no need to worry at all.

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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Can I just add on top of what BB said...

Even after a CCJ has been awarded it's still a while off someone who can enforce this turning up...

 

Please don't let them worry you

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We've got the SAR letter done and posted (tracked) with the £10 postal order. I guess now is just the waiting game! :)

 

My partner, in hopes to avoid all of this, tried paying online anyway, which just refused any payment what so ever. Then she tried to contact them also, 15mins on hold and then gave up.

 

Funny how you're ment to pay when you can't. lol.

 

That was her last attempt at paying the full amount anyway.

 

Thanks for all the input and advice guys :)

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