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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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. 
       

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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.

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Stopping Payments to Stepchange and going it "alone"


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was an arrangement/variation in place prior/in time before poss recording of a default? if so, it may not get defaulted, unless the arrangement is subsequently defaulted. according to that ico guide.

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PLEASE could someone advise whether I can get an 'arrangement to pay' changed to a default and backdated??

 

In an attempt to get our lives back on track,

we went through a debt management company 6 years ago.

 

 

We have paid back thousands over the years and I was thrilled to see the defaults are now no longer reported on - hooray!!

 

 

But! There are 6 other a/cs which are still as AR or DM on our credit files.

 

 

Given that it will take us probably another 10 years to clear these debts,

then another 6 for them to be reported on,

we'll be approaching retirement before we can begin our lives. I

 

 

don't understand why the accounts weren't defaulted in the first place

- which seems a much better option if the DF effectively disappears!

 

I did at one stage send recorded letters asking for proof of my signature to all the companies to try and get the debts written off, but got nowhere.

 

I haven't signed anything with all these debt collection agencies, some of them send me arrears notices.

 

I suddenly got some hope back when I realised things seemed to be changing 6 years on,

but it's not. I am desperate and don't know what to do.

Surely they should have defaulted me????

- BlondieGirl

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Why are you paying a DCA? Have you CCA'd them and checked if the debt is legit and enforceable? Any penalty charges you can reclaim?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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We went through the CCCS/StepChange over 6 years ago out of sheer desperation

and they seemed to give 'good' advice,

 

sorted out a paymenct we could afford etc etc.

 

What they didn't ever advise on was how this would affect our credit rating FOREVER!

 

I did send lots of letters a couple of years ago to see if the debts were unenforceable but go nowhere.

 

I could CCA them again, but I fear the same response.

 

I don't know about penalty charges.

 

I know we had fee after fee added

 

I just don't understand why I'm being punished for doing the right thing.

 

I wish they'd all defaulted us and I don't understand why

- surely we did default??

 

Thanks for your reply :-)

 

I don't remember exactly where we were, but it was all pretty much the same with all the accounts

 

I remember getting default notices from Halifax only.

 

Interestingly, of 3 MBNA credit card accounts, 1 is no longer being reported on.

- BlondieGirl

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I did send lots of letters a couple of years ago to see if the debts were unenforceable but go nowhere. I could CCA them again, but I fear the same response.

 

so what responses did you receive to your cca requests?

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I didn't get anywhere.

 

 

I had a couple of photocopies with my signatures on which i think was think was the Halifax,

who then defaulted me (which has now gone from my credit file).

 

 

I remember at the time thinking it was a waste of time;

maybe some letters telling me I was liable etc etc.

 

 

I chucked the whole lot out a year or so ago.

 

 

I am so angry at the CCCS/Stepchange

- BlondieGirl

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it would be helpful if you listed each account, start date, current status, and who now owns each account

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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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Ah OK, I will do. I do remember reading that there's no point in doing the CCA on a debt that I've been paying for years. I can hardly dispute it, can I?

 

you certainly should

PLEASE HELP US TO KEEP THIS SITE RUNNING

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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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But I was advised by someone on here that no judge would rule an account unenforceable when I've been paying it for years. Also, with the fees that the credit card companies added, they are over 6 years old so I didn't think we could claim them. So I don't know what to do. I can't get an AP taken off my credit file. So what's the point? :-(

- BlondieGirl

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threads merged.

 

the AP 'marker does not actually appear in the debt summary line

which is sometimes

the only part used by future creditors.

 

the bottom line here is you fell into the usually trap

you started to pay your debts off too quickly

 

a defaulted debt drops off the file paid or not

when the default reaches 6yrs.

 

doesn't make the debt not payable mind!

 

lets see you list please and which ones are marked AP

 

old thread merged as well

 

why did you not sort this 2yrs ago

 

you could of done it then!!

 

but the ICO have changed their guidelines

 

you don't stand much of a chance now

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 know I have to keep paying, which is fine, by the defaulted accounts no longer show which is great. But not great with 6 AP which I had no idea would be so bad.

great

 

the AP 'marker does not actually appear in the debt summary line

which is sometimes

the only part used by future creditors.

 

the bottom line here is you fell into the usually trap

you started to pay your debts off too quickly

 

a defaulted debt drops off the file paid or not

when the default reaches 6yrs.

 

doesn't make the debt not payable mind!

 

lets see you list please and which ones are marked AP

 

dx

 

Thanks for the 'help'. I couldn't do it 2 years ago because I'd just had a baby. We were/are broke and it was all too much.

 

I was desperately trying to get the CCAs sorted and couldn't. I now feel completely hopeless for your 'you don't stand a chance'. Thanks

 

why did you not sort this 2yrs ago

 

you could of done it then!!

 

but the ICO have changed their guidelines

 

you don't stand much of a chance now

 

So I have no hope of changing APs or DMs on my credit file?

 

I may as well just stop paying now and get defaulted which would be a quicker way (another 6 years +)

of getting my credit file back on track.

 

So I can't send a letter asking them to remove it because it's unfair and disadvantages me??

 

So nothing will change?

 

I don't see what I can do then.

- BlondieGirl

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no sadly neither do I.

 

 

I would suspect that the original creditors were the ones that owned the debts

when you started with CCCS?

 

 

you could try a pleading letter to each OC asking them to kindly retro place a default on the account as

you think it is unfair you are being disadvantaged compared to the 'no pays'

 

 

might work?

 

 

 

 

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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Yes,

the original creditors were owned the debt at the time we went through the 'wonderful' CCCS.

 

 

The debts have since passed through numerous DCAs

 

 

I don't really know who owns them now.

 

 

Are there any reputable financial solicitor type firms who can advise on individual circumstances does anyone know?

 

 

I can't stay in this mess until retirement having put life on hold since my 30's.

 

 

I read lots of success stories and I would like to be one!

 

 

All I've done is followed advice from the CCCS who have in fact made things worse!!

- BlondieGirl

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the problem with ANY DMP company charity or fee paying is

THey NEVER check the enforceability of a debt

they just take it 'on spec'

that you actually owe the money.

 

this is where HDL come into their own

as at least they do suggest a few CCA requests!.

 

if this were ME.

 

I'd stop paying the lot

 

await the forest to come through your door.

 

then start a thread for each one and we'll deal with them on an individual basis.

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 find that a bit scary!

 

 

I can't see the wood from the trees ha ha.

 

 

We can't move,

we can't even rent elsewhere and get a buy-to-let on our house to rent out now.

 

 

I just want to be able to repair our credit file which I can't see happening.

 

 

What are the repercussions of suddenly stopping paying these DCAs??

 

 

What can they do?

 

 

How would that help me?

- BlondieGirl

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Most dcas cant do anything. Thats why you need the full facts of each account. Then you can make your next move.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You cca the dca and sar the oc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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an sar to to the original creditor

 

 

a CCA request to every one you are paying a debt too.

 

 

where are you getting this charging order worry from?

 

 

gotta admit it almost sounds like you've been talking to all these people on the phone?

 

 

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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A cca is a request to see if they hold the required paperwork needed to collect a debt. Almost all dcas do not hold it which is why they say they are referring back to the oc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I haven't spoken to anyone.

 

I was advised on here that no judge would consider a debt unenforceable that I've been paying off for over 6 years.

 

I have requested all the CCAs and got some signatures, and some blank forms stating that this is all they're obliged to provide.

 

So trying to get a debt unenforceable now doesn't seem likely.

 

And I'm assuming that if I stop paying the CCCS and no longer make any payments,

 

the DCAs in are going to come after me, and at some point demand money

- the only 'money' we have is the equity in the house

- couldn't they try and get this? :-)

 

thanks

- BlondieGirl

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That advice is flawed. Get cca requests off to everyone wbo is chasing you. Keep paying for now until they fail to respond d within the proper time frame.

 

 

I have a feeling you are being cash cowed here

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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