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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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    • 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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DLC after old WElcome Finance DEbt **FOS COMPO + DEBT CLOSED**


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Hi,

I made a SAR to a debt collection company for specific documents pertaining to a debt dating back to 2009.

 

The debt has been passed to numerous companies in the preceding years.

 

I specifically asked for:

1. Copy of the original signed, alleged credit agreement(s).

2. Any and all alleged Default Notices (DNs).

3. Any and all, signed and dated Notices of Assignment (NoA) between all parties, at any time.

4. Details of the recorded delivery of NoAs and DNs (iaw Law of Property Act 1925)

5. Disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention.

6. Provide any underwriting sheet or other document containing any commission payments relating to the above account.

 

They have failed to provide items 3, 4 5 & 6.

 

They dispute any requirement to provide item 4 and maintain they are only obliged under Data Protection Act (DPA)

to provide information they hold and I should contact the original lender for outstanding documents.

 

From the information they have provided the DN does not provide a specific date for resolution, stating ’14 days’.

 

Additionally,

the DN figure quoted is approximately £1,000 less than that currently being claimed.

 

The debt collection company claim they purchased the debt at the higher amount

and therefore this is the amount they are entitled to claim.

 

They are contacting the original lender to explain why there is a discrepancy between the two figures.

 

The debt collection company maintain that they have satisfied my SAR and that all disputes are resolved.

 

Any advice?

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A SAR goes to the original creditor not a DCA as they rarely have the required info.

 

You will now need to SAR the Original Creditor and pay the fee again

 

This does not seem correct

"Additionally, the DN figure quoted is approximately £1,000 less than that currently being claimed.

 

The debt collection company claim they purchased the debt at the higher amount and therefore this is the amount they are entitled to claim.

 

They are contacting the original lender to explain why there is a discrepancy between the two figures.

The debt collection company maintain that they have satisfied my SARlink3.gif and that all disputes are resolved."

 

Who is the current DCA and what is the nature of the debt, can you please give us more history to this please

 

Also since there is a discrepancy you need to dispute this and the account should go on hold again.

 

 

Then see what the correct SAR brings back ok?

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Thanks Mickey,

 

DCA is DLC. I am wary of posting too much detail here

 

as I got stung in court three years ago when the claimant presented all of my thread!

 

 

I am willing to PM you, is this OK?.

 

 

The DCA has taken up the discrepancy with the original lender

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It is better to keep the thread in the forum, as other posters will not see what is discussed in a PM

 

The information that really is needed is when, what and last payment/acknowledgement

I.e. CC/loan bank in 2006 last payment in 2009 just basics really but what is needed to advise better ok

 

Since there is an investigation this account should be on hold by the DCA until such a time as it is concluded in full..

 

But still sent off the SAR to the OC please, sending one to a DCA is a waste of money as in this case.

 

Did you have any fees applied to this debt? or is there any PPI involved?

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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I have put a request to the site team to look in on this post for you as well, I hope this is ok and you will get great advice as well.

 

In response to your PM you need to delete items from your inbox as it is full

 

 

MM

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can we please have all the details

theres no need to hide anything

 

 

bar your pers details

 

 

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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also it is worthy to note you appears be following FoTL advise

 

 

I'd drop that now

else you will become unstuck

 

 

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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Thank you all for your responses. dx100uk - I do not understand your second comment.

 

A summary of the position:

 

To clarify,

I think the CCA is valid.

What is not valid is the difference in the outstanding balance as noted in the DN

(which I believe is defective as it does not require resolution by a specific date, only ’14-days’), and that being claimed today.

 

 

Further, there is no proof of all the required NoAs and certainly no record that NoAs were sent by registered post

(as required by the Law of Property Act 1925 s196.4).

 

 

Current DCA maintain that there is no requirement to send DNs and NoAs by registered post.

The account has been passed around various DCAs, including but not limited to:

Lewis Debt Recover

 Howard Cohen Solicitors

 Incasso

 Empingham Direct Legal & Collections

 Mercantile Bureau Ltd

 Ruthbridge

 Hillsden securities Ltd

 

In turn, each DCA has returned the account once I pointed out that I was in dispute and that their respective actions were,

in my opinion, contrary to CPUTR 2008. The exception is the current DCA who are pursuing me & my wife (joint account).

 

This leads me to believe that there are flaws somewhere (probably more than I have cited above), but I need help in identifying them.

 

I made a CCA request in May 2010 to the then DCA who failed to respond.

 

 

I submitted a SAR in November 2011 which again did not receive required response.

 

 

A subsequent ICO complaint in January 2012 was upheld in September 2012,

stating that the DCA had failed to pass the SAR to the original lender and therefore infringed the DPA.

 

 

The original lender maintains they subsequently satisfied the SAR in September 2012.

This is the point that current DCA are maintaining

– 'the outstanding dispute was therefore resolved'.

 

 

However, I have no record of receiving all the required documents.

 

 

I have asked current DCA for the letter that accompanied the alleged September 2012 response

and proof of postage/delivery which I am still waiting for.

 

I submitted another SAR to the current DCA in October 2014.

They have responded but not with all the documents I have requested.

 

 

In response I have asked for the provision of all documents listed in my post of 11:32 29.11.2014.

 

 

They maintain they are only responsible for providing documents and information they hold

and recommend I request the same from the original lender (contradicts ICO September 2012 advice).

 

 

I will now submit another SAR to the original lender in an attempt to recover outstanding documents

and proof that DNs and NoAs were sent by register post (for NoAs I believe the Law of Property Act 1925 applies).

 

I will check my records but believe the last payment on the account was made July 2009.

I may be able to argue ‘statute barred’ in August 2015.

However, when current DCA acknowledged receipt of my SAR and the £10.00 payment, they said in their letter.

‘Thank you for your letter…and payment of £10.00 for the above account…’

which leads me to believe they may claim the fee for the SAR was in fact a ‘payment’.

 

On 23rd February 2010 the original lender issued a DN for £23,773.16.

 

 

In May 2010 they issued a ‘final demand’ for £23,781.00.

Current DCA is claiming £24708.08. I am therefore disputing the amount claimed.

 

I believe the DN dated 23rd February 2010 is defective because it does not specify a date to remedy by.

 

 

It states: ‘To remedy the breach you must pay to us the total arrears of £2,650.13 within (14) days.’

 

 

It goes on to refer to actions before (and after) 'the date shown…’

 

 

My point is, there is no specific ‘Date Shown’ in the document.

It then lists a total amount outstanding, collection fees, default interest, interest to settlement

and gives a total amount to be paid of £23,773.16.

 

 

The document is therefore confusing, quoting significantly different figures (£2,650.13 v £23,773.16).

 

M

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Thank you for updating your post with the information it will allow us to advise you better.

 

 

You may wish to consider posting up the CCA and your DF with pers removed and in a PDF format

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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Since you have posted this extra info it appears from this that you can now dispute the amount that they claim you owe, put in a formal complaint to the DCA this will put the account on hold, they can take up to 56 days to respond to you.

 

 

Next if the answer is not forth coming or not completed by this time escalate it to an Official complaint. Again the same rules apply

 

 

You may also want to start to read the FCA handbook especially CONC 7/8/13 from here http://fshandbook.info/FS/html/FCA/CONC/13

 

 

Further more stay off of the phone and do everything in writing keep all letters and proofs of postage/delivery if you send a statutory fee to the DCA/Creditor make sure you tell them that it is for the fee and no other purpose.

 

 

The SAR goes to the original creditor £10 fee 40 days to comply.A CCA request goes to the DCA fee £1-00 12+2 days to comply

 

 

This advice is correct "I submitted another SAR to the current DCA in October 2014. They have responded but not with all the documents I have requested. In response I have asked for the provision of all documents listed in my post of 11:32 29.11.2014. They maintain they are only responsible for providing documents and information they hold and recommend I request the same from the original lender (contradicts ICO )

 

A DCA will only have limited info anyway so was a waste but moving on now

 

 

 

Now you need to SAR the OC

 

 

Finally have you been getting statements of account each year from your creditor/DCA?

 

 

A final though if you own your current property the DCA "MAY" try to get a SD against you do not ignore this letter if you get one please post up for further advice as it will be time limited for you to defend

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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Thank you for updating your post with the information it will allow us to advise you better.

 

 

You may wish to consider posting up the CCA and your DF with pers removed and in a PDF format

 

Will do this in the next couple of days

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Hi Mike,

 

I will write my letter of complaint and send it by recorded delivery in the next couple of days. I will check all document for statements of account for each and every year

 

Second paragraph of your post - what do you mean 'official complaint' who to?

 

How do I upload document s to this thread? Is it scan as an image and insert using the icon?

 

I do not own my own home

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Ok thx to dx100uk for this guide follow these simple steps below to post a PDF to your post

 

 

HOW TO uploadlink3.gif DOCUMENTS / IMAGES ON CAGi

IMMEDIATELY YOU DO NOT NEED 10 POSTS

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAGlink31.gif

YOU MUST ensure that you REMOVE all Personal Information including Barcodes, Names, Addresses etc

.

ENSURE: To leave all Monetary Figures and Dates.

.

DO NOT USE A BIRO, PEN, SEE THRU TAPE OR LABELS TO EDIT THE INFORMATION

.

1. SCAN YOUR DOCUMENT

.

- Set your default scan page size to A4 less than 300 DPI (150 will do)

- Scan the required letters/agreements/sheets - as a picture (jpg) file

- Don't forget you can use a mobile phone or a digital camera too!!

.

- If you have multiple scans/pictures please put these into a WORD DOC first ensuring you have removed all Personal Information before converting to PDF.

.

- IPHONE ONLY: Take a picture and Convert to PDF via an APP

.

2. HOW TO EDIT (Remove Personal Information)

.

- Do this using MSPAINT.EXE or any Photo Editing program and ensure to save the document.

.

3. HOW TO CONVERT YOUR DOCUMENT TO PDF

.

- If you have OFFICE installed this has an installable PRINT to PDF option so use this and save as PDF.

- If you have PDF as an installed driver use this program and save as PDF.

.

OR Go to one of the many free online pdf converter websites:

.

- http://freejpgtopdf.com/

- http://www.convert-jpg-to-pdf.net/

- http://www.freepdfconvert.com/

- http://www.pdfmerge.com/

- http://www.primopdf.com/

.

PLEASE REMEMBER: It would be better to upload a Multi-page PDF rather than multiple Single PDFs.

.

4. BEFORE UPLOADING YOUR DOCUMENT ON CAGlink31.gif

.

- Logically Name your PDF File so Users know what it is. DO NOT NAME YOUR FILE USING BANK NAMES OR CAG IN THE TITLE

.

- For Example: Default Notice DD-MM-YYYY.

.

IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

.

5. HOW TO UPLOAD YOUR DOCUMENT ON CAG

.

- In your Thread/Post open a new msg box here.

- Click 'Go Advanced' below the msg box.

- Click 'Manage Attachments' below that box.

- Click the 'Add Files' button on the top right.

- Click 'Select Files', navigate to your file(s) on your PC.

- Click 'Upload Files'.

.

- You DON’T have to put a link to the attachment in the msg box just upload it ……… JOB DONE

- You can click on your links to check them too!!

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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there is NO REQUIREMENT for NOA's or DN's to be sent by recorded delivery

and

SAR ALWAYS goes to the ORIGINAL CREDITOR

 

 

both of these are common rubbish

flouted by freedom of the land websites

along with all the mis-interpretation of the law of properties act

 

 

............

 

 

pers I'd be ignoring the dca's now until/unless they issue courtpapers.

 

 

you keep inviting letter tennis by sending silly letters

so they think you can be mugged

as you retort everytime.

 

 

as for the DN, the oc could simply issue a compliant one

but as they've sold it on?

theres no danger of that!

 

 

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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Following protocol a formal complaint then an official complaint these go to who is dealing with your debt at this time, you will also need to find out who owns this debt and if it is still with the OC or if the DCA now owns this debt. A formal complaint should put the account on hold for up to 56 days, then they will inform you of their "investigations" if the info you get is not complete then write again to make it an official complaint the same time frame applies.

 

 

I would also check your credit file and save an up to date print out of it. This will show you what info is on there and who owns what debts if any.

 

 

You can sign up for a free 30 day trial for most but Noddle is free, here https://www.noddle.co.uk/ you will need to put in your addresses so you can get a fuller picture of how your rating is now. But you must cancel the free trial before it ends, or pay a fee of £2-00 to get one in the post, it is up to you what you use, butr you will need all the info that it contains

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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I will look for a post from DX for the guide, sorry had to pop out

 

 

Can you please confirm if DLC own the debt please

 

Yes. I have letters from DLC confirming they purchased the debt

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I can confirm that I have on file a letter from a DCA dated 23rd August 2010 which shows a figure of £23,780.00. On 28th January 2011 a different DCA quotes £24,718.00. Current DCA claim £24,708.08.

 

I have a statement of account dated 18th October 2011, 31st August 2012 from the original lender. I have had no further statements of account since

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you say joint ac ,so presumably a loan sold to dlc

 

probably the usual oc

 

copy noa easy to supply

 

post up the cca return and dn

 

so we can check

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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you say joint ac ,so presumably a loan sold to dlc

 

probably the usual oc

 

copy noa easy to supply

 

post up the cca return and dn

 

so we can check

 

Yes. Will post within the next couple of days. I would say that the CCA return is a poor copy (I will try and enhance as best I can)

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Following protocol a formal complaint then an official complaint these go to who is dealing with your debt at this time, you will also need to find out who owns this debt and if it is still with the OC or if the DCA now owns this debt. A formal complaint should put the account on hold for up to 56 days, then they will inform you of their "investigations" if the info you get is not complete then write again to make it an official complaint the same time frame applies.

 

 

I would also check your credit file and save an up to date print out of it. This will show you what info is on there and who owns what debts if any.

 

 

You can sign up for a free 30 day trial for most but Noddle is free, here https://www.noddle.co.uk/ you will need to put in your addresses so you can get a fuller picture of how your rating is now. But you must cancel the free trial before it ends, or pay a fee of £2-00 to get one in the post, it is up to you what you use, butr you will need all the info that it contains

 

SAR to original lender drafted and being sent by recorded delivery Wednesday.

 

Letter of complaint to current DCA drafted and being sent by recorded delivery Wednesday.

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