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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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Being moved around DCA's normal?


andyb78
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Hi Guys and Gals

 

Last year, I hit my creditors with CCA letters and all failed to comply,

 

so I stopped payments to all of them as advised here.

 

today I received a call from another DCA about one of the debts,

didn't catch the company name,

asking me if I had received their letter about a 10 year old Egg debt.

I haven't had one,

so just said that I didn't know what he was talking about.

 

My question is,

once the letter turns up,

do I go through the same CCA process again with these guys?

 

Also, will this go on forever too,

changing DCA's and me having to go through the same process until the debt becomes SB

or they manage to dig out the credit agreement?

 

One last thing, somehow, they got my phone number at a new address that is ex directory and only a handful of friends and family has?!

 

I asked the guy not to call me again and just write,

 

my creditors have my family address

 

and I go back there every week to collect post.

 

I'm a bit concerned that if they have the number,

 

it will be possible to get the address too.

 

Thanks for your help.

 

Andy

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192.com I suspect

 

its typical yes

 

they do get sold on.

 

as when they sell it

they obv don't tell the new buyer the 'bad news'

 

else they wont buy it!

 

pers if you've debts in this state

 

then ignore everything until it either becomes SB'd or you get a claim form.

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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As you know send off a CCA for the new debt, did you keep proof of postings for all the rest? if so they have failed to provide the CCA requests and is a defence in Court, you can always send of the letter that you will only deal with your debts in writing, they have a habit of lying to you when making deals with you.

 

 

So obviously STAY OFF THE phone, ask which DCA it is then send the template letter here, http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone, get proof of postage, I would suggest starting a file for each of your debts and keeping it up to date when you/they send letters, this way if it goes to Court you can use them to show any harassment you have had, has worked for me numerous times.

 

 

If they ring you refused to go through security, or if you do then simply say in writing remove the telephone number then just hang up.

Also since they have failed to send you these required documents then the failure to supply letter should now go out, they only have 12+2 days for a CCA and 40 days for a SAR the failure letter is here, http://www.consumeractiongroup.co.uk/forum/showthread.php?405830-Letter-for-a-Failed-CCA-Request(1-Viewing)-nbsp the cca's go to the DCA and the SAR's go to the OC (original creditor)

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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The guys tried to get me to go through 'security', but I declined and said that I had no knowledge of what he was talking about and when and if I receive the letter then I will reply.

 

Yes, I kept copies on my computer of all the CCA letters that I sent, so I can see who the previous DCA was.

 

Thanks for the link to the phone harassment template, i'll keep a copy of that! :)

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All debt template letters are in the CAG library look at the top left it says library in green, then go to the debt section pick your template or cheat and go here.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection

 

 

Always read the templates and change the relevant details print off 2 one for them one for your file keep all proofs of postage and the receipt for any postal orders in the files you will create.

 

 

When they call you they are phishing and not sure they have the right person so ALWAYS refuse to go through security.

 

 

If they then after they receive your letter re no calls they then continue to call you can start a complaint again the letter is in the library.

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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You CCA all creditor/DCA's as you state at #1 you said you have not had a reply and have a new debt so the advice was CCA the new creditor. each CCA has to have the £1 fee so if 5 CCA's then 5x postal orders for the fee.

 

 

You can inform the chasing DCA that the account is in dispute with a failed CCA request, if you still have proof of this this then if you want you can send a copy off to them, this should make them back off.

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi All

 

An update on things.

 

Firstly, and most worryingly for me,

I have received a letter from Restons Solicitors.

 

Well, not received in person, as it went to my old address and was forwarded by the post office.

 

It asks that I should contact them if I still live there or if not,

does the person at the address have any contact information for me.

 

I have read losts of very negative stuff on these forums and the net about how agressive Restons can be and get CCJ's issued for fun, or so it seems.

 

This is the last thing that I want to happen,

but technically they don't actually have any contact info for me,

my old address, so do I confront and ask what they want or ignore it until they get my new address somehow?

 

One of the DCA's that I CCA in the past was Credit Security Limited,

who have been fleecing me on a debt for 17 years!

 

They failed to produce on the CCA so I ceased payments to them.

 

I have received threatening letters from them still, stating that although they couldn't meet the CCA request,

the fact that I had been paying for so long proves the debt.

 

I think it might be these guys that have put Restons on to me, as I have heard nothing from other DCA's

since they all failed to meet the CCA requests I sent last year.

 

The latest letter from Credit Security is a " Limited Time Offer " of a discounted sum to settle the account.

The previous letters were stating that a local debt collector would call to collect payment from me,

so I'm not sure why they suddenly want to give me an offer?!

 

Shall I send the failure to meet the CCA request letter again, just to see if it gets them to back off?

 

Any help with what to do about Restons would be appreciated,

as I am only a few months away from having my last two defaults off my file

(which were registered two years late, so been 8 years!)

and want to get a mortgage straight away,

but I'm worried about the possibility of a CCJ been put in place. :(

 

Thanks for any advice you can offer.

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As they canno produce the agreement they cannot enforce the debt, hence the begging letters instead.

As for Restons, you can ignore them or take them head on and write to them saying a letter has been forwarded from your old address that contains information about you that is aimed to incite the current occupier to commit a criminal offence (of interfering with your mail) and you now demand to know why they are trying to get a third party to respond to your private post? It will give them your new address so they cant sneak a CCJ under the doormat of your old addy and it will put them on the back foot as regard to their methods of communication and data protection issues.

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ignore pestons std phishing letter.

 

as for CSL

pers id be writing to them DEMANDING all the money they have fleeced from your BACK!!

 

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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Thanks for the reply guys.

 

dx,

I wanted to go for a PPI against Santander/Credit Security,

as the original loan inflated loads over the years with CSL.

 

I didn't bother as I thought that would be classed as acknowledgement of the debt

and the whole cycle would start again.

 

I've got all of the paper work here for the PPI claim to Santander/Abbey, shall I still go for it?

 

I've just spent some time reading the forum about Restons and notice that they pop up with Arrow Global quite a lot.

 

When I stopped using a third party for DMP last June,

I heard from all of the creditors and CCA'd them all accordingly.

 

However, it's just dawned on me that I never heard from Arrow Global since the DMP stopped?

 

I was paying them for an old MBNA debt,

so I'm guessing this is what Restons are after.

 

Shall I just CCA Arrow and see if they can supply,

as if not, then surely Restons are wasting their time?

 

Thanks again for your advice.

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its never worthy of responding to obvious phishing letters.

 

if you are confident that this debt has had a CCA request

then as with any other debt without a valid CCA

I would never recommend entering into ANY kind of letter tennis.

 

as for the PPI

its a must!!

 

 

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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dx, thanks again for your reply.

 

I'll hold tight on Restons/Arrow letter. I have forwarding in place on my post, so I will get any further letters they send and see what happens.

 

My job this evening will be the PPI claim form for Santander then! :)

 

Really appreciate your time and advice, i'm sure that I will be back for more until these debts are SB

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