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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
      • 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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Hi

 

The Ulster Bank have finally applied a default notice to my loan account

almost 4 yrs after I ceased all payments and contact with them.

 

I had a breakdown and have been trying to find my feet.

 

Will it be another 6 yrs before I can sort out my credit file?

 

They are also pretending my loan account is on 6 mths no payment

although there has been no contact or payment for 4 yrs.

 

What should I do?

 

I'm very worried.

 

Any help hugely appreciated

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is this a loan signed by an agreement

 

or a bank account 'loan' .

 

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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Signed by an agreement

 

Sorry I should have been more clear

 

The bank account had an overdraft facility on it which is in arrears by 4 yrs this is still showing 6 missed payments

 

The bank loan was a signed agreement with no contact on it, info, movement for 4 yrs which has now only recently been defaulted

 

What should I do?

 

TBH I thought that the accounts would have been in default 3.5 yrs ago

 

It was a terrible time and I am only beginning to get on my feet.

 

..now I will have a further 6 yrs and even longer for the other account that still hasn't been moved to default?

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ok so the OD they have prob just called in?

 

the loan that's not correct.

 

can we just check that is the debt summary line

what the date is on each

 

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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  • 2 months later...

I have finally had a reply from the bank to equifax.

 

This is it:

The reason your profile is showing an arrangement to pay is as a result of our telephony agents

keying short reapyment plans after each occasion you make a card payment to your mortgage account.

 

Repayment plans are reflected across the credit reference profiles of all accounts held by customers.

 

They are claiming that every time I make a payment to my mortgage

that somehow that makes a repayment plan to the rest of the accounts?

 

For the vast majority of the last few years my mortgage account has been paid by debit card over the phone

but I have been clear that we are only ever discussing the mortgage account and so have they.

 

Is this the new standard?

How can this be the case?

 

They have also now sent me a letter giving me notice that they are going to default

on an account they defaulted in 2013 (as evidenced on Equifax) if I don't pay by 10th July

 

I am now completely confused and utterly upset by all of this.

 

I know that I owe them money - I certainly think about it everyday - I am unwell and unable to pay.

 

If I were well and working none of this would ever have occurred as they know.

 

I just don't know what to do.

 

Could anyone please offer some advice?

 

I've started taking diazepam again to stop the panic attacks.

 

Pls help, if you have a moment

Thanks

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what are they on about?

 

never hearsd of that kind of arrangement before

 

don't even think they are allowed to do that.

 

it might be prudent to get an SAR off to them.

 

lets get all the account statements

and their logs too.

 

then we can construct a case.

 

its certainly not correct that any creditors holds off from defaulting and account for several years

after the event.

 

though the ICO have recently changed their guidelines concerning this type of thing happening.

 

dx

  • Confused 1

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 your reply.

 

Okay, I have written the SAR. The form was really excellent

 

Should I send it recorded delivery? Will do so tomorrow.

 

I am worried as I have a mortgage with Ulster Bank

and was advised to keep the mortgage as up to date as poss as it would stop me from becoming homeless

 

The house value is in negative equity and the loan and overdraft are not attached to the mortgage.

 

Ulster Bank themselves advised me at the beginning of my problems

that keeping the mortgage up to date would mean that in the event of my becoming bankrupt

the house would be outside the bankruptcy.

 

This sounds unlikely to me but was my only plausible plan.

 

It seems that that wasn't the case as now they are saying that each time

I paid my mortgage that this contact was also somehow extended to the unsecured loan

and the overdraft and an arrangement inferred?

 

BTW I was a very good customer before my illness and this all pains me massively and feels like it will never end.

Thanks again

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well they are certainly right to advise keeping the mortgage upto date

 

but that's about the only bit!!

 

if they made arrangements on the other debt

they should have written outlining these and seeking your approval that is what you wanted.

 

I bet that hasn't happened!

 

I think the sar comms log on these accounts will be interesting reading.

 

you only need to get free proof of posting for the SAR 1st class will do.

 

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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Share on other sites

Thanks

 

There was never any arrangements made for the other debt.

 

I was in and out of hospital for a long time and

 

I thought foolishly that they would make me bankrupt for the money that I owed.

 

Other credit cards put me in default and I awaited balliffs or whatever next.

 

Instead I just received letters from different agents offering me settlement amounts

that I never replied to as I couldn't afford them.

 

I have lived with the fear of bankruptcy or fear of agencies for 4 years now

and have fully expected/predicted it and all the fall out from it.

 

To think that that will for last for another 6 years now is just beyond my coping levels.

 

I know that sounds like a cop out perhaps but I have not taken this lightly.

 

Thanks again

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