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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 
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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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IVA with Churchwood/Kingsgate Insolvency. Money Gone Missing?


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Got the paperwork back from NR today and

 

 

it confirms what I'd already been told by Kingsgate and Marlin.

 

 

Speaking of Marlin they also wrote today to say that they are sending out a field agent so that my wife can 'get back in touch' with them.

 

So to summarise,

 

 

the loan is not statute barred as last payment from Kingsgste was at the start of 2010.

There also doesn't appear to be any issues i can exploit in order to get Marlin off our backs.

 

I understand that i can tell the agent to go away as he had no right to enter property

and that is highly likely that Marlin will go the CCJ route.

 

 

So what's the next port of call?

 

 

Contacting Marlin and making an offer?

 

 

This will be far below what they want and they'll again ask for an income and expenditure breakdown.

 

 

Alternately there's the bankruptcy route which again we would struggle to afford but of course would draw a line under it all.

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no DCA doorstepper HAS ANY POWERS WHATSOEVER

go away or i'll call the police.

 

 

you are NOT legally obliged to dicus your debts with ANYONE at your door

or on the phone.

 

 

TBH: as Marlins are threatening a doorstepper really does show

they've probably got nothing to go on at all.

 

 

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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are there no arrears fees or anything from NR

nor PPi or insurance?

 

 

dx

 

 

 

 

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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I wonder what write-on means?

 

 

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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I wonder what write-on means?

 

 

dx

 

The write on payments appear to be debited from the account, Dx.. not quite sure what it means.

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Youre referring to the 6th January 2010 right?

 

 

I know from the paperwork Kingsgate gave me that they paid

£647.54 in march 09,

£310.93 in July 09 0,

£47.69 in October 09

£51.42 in February 2010

 

 

these sums were not received to the balance until January 2010(the first three) and March 2010 for the last sum.

 

To my untrained eye it also doesn't look like those sums altered the balance as there were write ons for the same amount.

 

 

If this is the case then in my mind the last actual payment would be February 2008,

 

 

Marlin insist that as the account was not terminated until April 2009

and that the final payment was received March 2010 statute barred doesn't count.

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NR correspondence and SAR narrative?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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would help to post up in case we can spot anything

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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dn, various correspondence from both sources and sar narrative

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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all merged in one file in post 138

 

 

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 weeks later...

I'm thinking that if we contacted with an offer that it gives us more time dragging the whole thing out.

 

 

why?

 

 

I'd await theoldrouge to pop in

 

 

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

I'm thinking that if we contacted with an offer that it gives us more time dragging the whole thing out.

 

 

why?

 

 

I'd await theoldrouge to pop in

 

 

dx

 

By that i assume you mean the agent. So when they show i don't let them in which they report back to Marlin and then i guess it goes to county court right?

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what have we told you about dca's?

 

 

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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what have we told you about dca's?

 

 

dx

 

I get that they have no right to enter property etc and that i should never provide income and expenditure to them,

 

but the debt is outstanding and they have the legal right to try to collect what's due

 

which would mean a ccj i thought which is what I'm trying to avoid.

 

I also get that i can sit and wait to see what they do but somethings got to happen eventually right?

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what makes you think that a dca will go to court

when NR flogged the debt?

 

 

for a debt of that level

there gotta be something very wrong

 

 

I question any DCa having any legal right to collect anything

on a lemon debt.

 

 

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

By that i assume you mean the agent. So when they show i don't let them in which they report back to Marlin and then i guess it goes to county court right?

 

 

 

I'd await theoldrouge to pop in

 

 

dx

 

I think "silentmovieman" thinks "theoldrouge" is a reference to a DCA :jaw::lol:

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ah yes well spotted

 

 

dca's have no right of entry

nor to collect any money over the phone nor at the doorstep

theoldrouge , I mean the cag user

knows far more than me on these matters

 

 

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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