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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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      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.
      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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Perfect Homes/Temple Finance doorstepper - Demanding money stopped me closing door too


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Oh I see thanks, am I ok to PM you the email before I send it just to get a second pair of eyes on it?

 

 

It would be better to put the letter on the open forum for wider opinion just remove the personal data/account numbers etc.

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Not sent it yet, any tips will be appreciated.

 

Dear Mr Smith,

 

I am emailing you today to inform you first about my situation and secondly an unauthorised doorstep visit.

 

Earlier this year I missed payments on my account due to my cirumstances changing, I was contacted by the store in which I explained my situation that I had unfortunatley lost my job and was struggling at the moment but can still pay, it would just have to be slightly delayed whilst I waited for my partner to get paid.

 

Now having paid a substantial amount of money and dealing with in store mistakes from the staff of the [removed] branch I didn't think this was too much to ask, but apparently it was. I was rudely interrupted multiple times with threats of reposession if I didn't pay X amount of money by the end of the day if not they will be adding charges upon charges to my account.

 

Moving onto the unauthorised doorstep visit I had yesterday (03/07/2014) there was multiple bangs on the door as I went to answer and was presented with a man from 'Temple Finance' Who I now know to be yourselves trading as Perfect Homes.

 

Within 30 seconds of answering the door and confirming my name he laughed and said he was about to "ruin my day" as he was from 'Temple Finance' assuming I knew who they were, I did not so he explained briefly and said I had to make a payment right now of £640 (Give or take) or he will be taking my goods off me. I asked how much the total debt was and once again got laughed at as he informed me that I really don't want to know and asked if I was ready as it is about to "make my day worse".

 

I explained to the gentleman, if you can call him that, that unfortuantley my circumstances have changed and I have tried to inform the store on numerous occasions but they would not listen, I asked for him to leave me a number or some form of contact, he refused so I went to close the door at which point he jammed his clip board in the door, told me to calm down. He eventually left me his number and went away.

Due to this incident please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that according to the Financial Conduct Authority's consumer credit sourcebook it is an unfair and improper business practice to make such threats.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully,

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Hi it would be wise to remove any "derogatory" reference to the "caller", just keep to the facts.

 

 

Otherwise fine. I would suggest following up the e-mail with a signed for letter.

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Hi it would be wise to remove any "derogatory" reference to the "caller", just keep to the facts.

 

 

Otherwise fine. I would suggest following up the e-mail with a signed for letter.

 

Ok thanks a lot, I am also wondering about the late payment charges etc that they added on which I can apparently get back, should I include this in THIS email or create a whole new one with regards to it?

 

Shall the letter essentially just be a print out of the email?

 

Thanks again! :-)

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Ok thanks a lot, I am also wondering about the late payment charges etc that they added on which I can apparently get back, should I include this in THIS email or create a whole new one with regards to it?

 

Shall the letter essentially just be a print out of the email?

 

Thanks again! :-)

 

 

Yes print out the e-mail.

Keep charges reclaim separate.

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You may get an auto reply from the email sent and if so, it may have a reference number which you could include with the letter. If not just add to the top of the letter:

 

"Copy of email sent to xxxxxxxxxxx sent on xx/xx/xx"

 

Also head the letter/email, 'Formal Complaint' as this then starts the complaints process. You would be surprised at how many complaint letters do not get treated as such when the important words are not included in the header.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks a lot guys/gals, the email has been sent with the changes.

 

The SAR and letters will have to wait until next week i'm afraid as I can't even afford a pint of milk at the minute!

 

As it stands though what's the likely hood they are going to turn around and in so many words say it's tough **** because I haven't paid in months?

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Thanks a lot guys/gals, the email has been sent with the changes.

 

The SAR and letters will have to wait until next week i'm afraid as I can't even afford a pint of milk at the minute!

 

As it stands though what's the likely hood they are going to turn around and in so many words say it's tough **** because I haven't paid in months?

 

 

I would take Temples " posturing " with a pinch of salt", using door steppper as a first line of approach is often a sign that they may be on thin ice as to enforcing the debt.

 

 

You have said that you have paid back a large amount already, please give us some further details of the account. I'm presuming that it is a standard regulated HP agreement?

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I would take Temples " posturing " with a pinch of salt", using door steppper as a first line of approach is often a sign that they may be on thin ice as to enforcing the debt.

 

You have said that you have paid back a large amount already, please give us some further details of the account. I'm presuming that it is a standard regulated HP agreement?

 

What exactly do you mean by that?

 

I've paid a large amount as in the actual agreement, we had/have 2 items from them at £34 a week for over 6 months. They are standard HP agreements, the TV was second hand (I've read elsewhere second hand agreements are supposed to be not as long?) I am going to have to get the SAR before I can tell you more unless I can dig out the paper work.

 

Sat here worried now expecting a bang at the door

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What exactly do you mean by that?

 

I've paid a large amount as in the actual agreement, we had/have 2 items from them at £34 a week for over 6 months. They are standard HP agreements, the TV was second hand (I've read elsewhere second hand agreements are supposed to be not as long?) I am going to have to get the SAR before I can tell you more unless I can dig out the paper work.

 

Sat here worried now expecting a bang at the door

 

 

 

You do not have to engage with this person if they do show up, don't answer the door!!

 

 

Have you paid over the amount that prevents them repossessing the goods?

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You do not have to engage with this person if they do show up, don't answer the door!!

 

 

Have you paid over the amount that prevents them repossessing the goods?

 

Ok good, I forgot to add things to the complaint letter like the fake court letter and the stress it's putting me under with my epilepsy too, should I send another including it or just save it for another email?

 

I believe I have or they wouldn't have to try and get a court order would they? That's what the guy said would happen if I didn't give them to him or pay the money yesterday.

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Ok good, I forgot to add things to the complaint letter like the fake court letter and the stress it's putting me under with my epilepsy too, should I send another including it or just save it for another email?

 

I believe I have or they wouldn't have to try and get a court order would they? That's what the guy said would happen if I didn't give them to him or pay the money yesterday.

 

 

You would I think be classed as a "vulnerable" person.

 

 

Can you please post up a suitably redacted copy of " the fake court letter"?

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I am assuming it was fake, he refused to show me any papers, just briefly flashed them at me and refered to the court letter (again flashed it) which was at the bottom of the papers on his clip board, the court paper looked old like it had been sat on the clip board for a long time which just led me to believe he keeps it there as a scare tactic.

 

Hell it was that brief when he showed it, it could have been anything, couldn't make out the words.

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ruddy fleecer

he needs to have his wings clipped

 

yes put that in another email complaint to the CEO.

 

he needs to be identified too to them.

 

that's not on

 

just like their threats to get the police involved

 

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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just for clarity

 

please DO NOT post names in this open forum

 

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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Any edits, tips or thoughts would be appreciated.

Thank you.

 

Dear Mr Smith,

 

 

Further more to my last email earlier today I would also like to add a few things with regards to the harrassment I received on my door step yesterday (03/07/2014).

 

 

The gentlemen that came around to my property was named [name] phone number 07xxxxxxx. Like previously stated not only did he block the door with his clip board whilst trying to close the door, the verbal mockery and laughter that, as he said in his own words, that he was going to ruin my day but he also threatened legal action and flashed a court paper at me. It was sitting at the back of his clip board, looked like it had sat there for some time and I can only assume he uses it as a scare tactic.

 

 

Since the incident I haven't been able to settle down in my own home, I fear that he will come back banging on the door and harrass me again. I suffer from Epilepsy and these seizures can be brought on by a number of things, the main 2 are of which stress and lack of sleep which thanks to the incident yesterday I have got in abundance, not only that but knowing that's the main cause of my fits worries me more for my own safety as I feel like I could have one at any point and unfortuantly I don't get any prior warning signs.

 

 

I hope to hear back from you soon.

 

 

Yours Faithfully,

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Any edits, tips or thoughts would be appreciated.

Thank you.

 

 

I would refer to the " gentleman's" reference to " Court Papers" an his refusal to disclose them, this is an old trick used by those with little or no authority for what they do and say.

 

 

Just a blank front page of the CC claim form showing the Royal Crest flashed at a person.

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I've added after the scare tactic bit that he refused to disclouse the document and any other documents. Think the rest is ok and good to go?

Get signed for post if poss. or free proof of posting.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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As you are scared, then I would suggest you call the police and explain to them what is happening and you need assistance from the police in order for them to firstly remove the rep from your property and secondly for the rep to be informed that his implied right of access to your property is denied.

 

The police are there to protect you in this instance - despite the rep may say otherwise.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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As you are scared, then I would suggest you call the police and explain to them what is happening and you need assistance from the police in order for them to firstly remove the rep from your property and secondly for the rep to be informed that his implied right of access to your property is denied.

 

The police are there to protect you in this instance - despite the rep may say otherwise.

 

 

Yes call the police stating that he causing you severe distress and alarm and that this could put in danger of an attack.

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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