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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
      • 161 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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The dca cannot add anything. Get a written complaint in. You're being fleeced big time

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 doubt it's a case of an odd £500 having been bunged on so bung in a complaint. The story is likely to be more - how shall we say - nuanced.

 

There is an historic S D saga behind all this and other past baggage to be cleared.

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STOP calling these clowns on the phone!

 

Keep everything in writing ONLY!

 

And if the accounts have been terminated then they cannot add any interest or charges/fees etc, because the account has been terminated and no longer exists as a running account,

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I had a situation years ago with a relatives debt that was being passed around the debt collection industry. I think it started off at less than £500 and a few years later it had changed to about £2500. What appeared to be happening is that the debt collection agency staff were deliberately changing the debt amounts. When this was challenged through the management of the last DCA who owned it, the debt was reduced to the original sum and written off.

 

I have warned about this before on CAG. Anyone who is chased for a debt which they are thinking about paying or which will be enforced, should ask for evidence of the debt amount. i.e what the original creditor had shown the debt as being and what if anything has been added since, with a breakdown calculation of the debt.

 

The DCA industry is not very well regulated and some of the standards applied would lead to criminal charges been considered if this was being done by banks. No doubt at some stage, they will be investigated.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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This may just be my experience

 

 

but I've always been of the mind that simply signing up for your credit report via the likes of Experian

simply raise your head above the parapet and

 

 

some of those DCA's think 'oh, there they are, lets send them a letter' and

 

 

I say this because I'm pretty sure these DCA's pay to be on the systems of the likes of Experian

and probably have some sort of 'alert' system going on for when a credit file is requested by a member of the public

 

 

and one who just happens to have some sort of issue going on with one of the debtors.

I reside in Dawlish Warren but am not a rabbit.

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old wives tale

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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old wives tale

 

I am not convinced that creditors don't get some report of updates to credit records.

 

When people apply for a credit record report, they often have to provide their up to date details e.g new address.

 

There has been enough reports on CAG of being chased for debts, within weeks of updating a credit record. This has apparently following a long period of not being chased.

 

Of course CRA's are not going to confirm what services they provide to DCA's. It would not be in their interests to do so.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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old wives tale

 

 

 

I'm not so sure.

 

In July this year I requested my £2 report from Experian, providing my up to date address. Within 3 weeks, I was contacted by 2 different DCAs pursuing SB debts, having had no contact from either for 5 years. I am not inclined to think that this was a complete coincidence.

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I am not convinced that creditors don't get some report of updates to credit records.

 

When people apply for a credit record report, they often have to provide their up to date details e.g new address.

 

There has been enough reports on CAG of being chased for debts, within weeks of updating a credit record. This has apparently following a long period of not being chased.

 

Of course CRA's are not going to confirm what services they provide to DCA's. It would not be in their interests to do so.

 

 

yes - if you don't change any details upon requesting your file

 

 

the marker that you leave [ that YOU can see]

 

 

is not visable to your creditors or debt buyers

 

 

though if they search you - it is too you [if you pay to be alerted]

or login and see it.

 

 

however, its a debtors duty to inform all creditors of a change of address

else they can quite rightly file claims to your old address.

 

head in sand or want a claimform

 

 

simple choice

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'm not so sure.

 

In July this year I requested my £2 report from Experian, providing my up to date address. Within 3 weeks, I was contacted by 2 different DCAs pursuing SB debts, having had no contact from either for 5 years. I am not inclined to think that this was a complete coincidence.

 

 

In a nutshell that is exactly the experience I had and I have read countless others that have had the same, nothing for years, apply for your credit file and within a few short weeks you start hearing from your alleged creditors, it's too much of a coincidence for it not to be a possibility.

I reside in Dawlish Warren but am not a rabbit.

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A little harsh DX

- I faced a simple choice with the SD

- I could challenge it or not.

 

Challenge it and risk losing which would have potentially cost me my house and bankruptcy would have cost me my job.

 

I'm a single parent and I had to balance these very real risks against the possibility of winning.

 

I hated meekly giving in,

I really did but I just didn't feel I could risk losing as I would not have been able to pay in the event I didn't get the SD set aside.

 

I could picture BW doing a little jig when I folded and

nothing would have given me greater pleasure than seeing them lose the argument in court

but for the sake of my son I took the 'safe' option - sorry if that offends you.

 

I don't constantly pick up the phone to these people

- in fact this is the only time I've spoken to them other than calls over the agreed payments

- I haven't spoken to any other debt holder in years.

 

 

Admittedly I saw red when the debt increased and in the flush of temper did what I know I shouldn't by calling.

 

In terms of checking your credit file triggers debt holders to trace you

- I didn't realise that as I assumed it would be illegal.

 

 

I'm already on there but maybe for others it isn't the best advice so my apologies to all.

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you should always challenge everything

esp where DCA's are concerned.

 

 

the 'threats' are what they have put in your head over the years.

by using the phone every time you get a letters.

 

 

sri but lots of your threads relate to you picking the phone up as the first thing you have done.

 

 

no need to apologise

no need to think my observations are harsh.

 

 

my goal is to get you on the right track

 

 

if my employed tactics sometimes equate to those of the DCA's - then I've done my job!

and exposed them.

 

 

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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If you update your CR file then any powerless goon slightly interested in it will be informed, the same as Royal Mail, when you divert your mail to a new address, they

log this on their system, which DCA's have access to, all under the misused guise of 'fraud prevention', there are a lot of companies out their with access to

credit files and other means of tracking down their 'target'.

 

The voters roll being one, DVLA, RM etc etc etc...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I haven't moved in 12 years and I'm still at the address where all the credit was racked up anyway so in my case it makes sod all difference but I can see now how it would for others - again didn't know they could check royal mail redirects!

 

 

And DX I do agree, challenge everything - I simply bottled it, I know this - hopefully others have more courage but the gamble was a little rich for my tastes.

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  • 4 weeks later...

Hi

 

Just looking for some advice re a bank account and charges added to it. The basic story is this:

 

I had a LloydsTSB bank current account with an overdraft of £500.00. I also had a personal loan with LLoydsTSB.

 

I got into financial difficulties around 2008/9 when I lost my job and had no income.

 

 

Now at this point my bank account was well under the overdraft

- I can't remember the exact amount but it was certainly less than £300.00 overdrawn.

 

 

Now what TSB then did was pay a DD for the loan to themselves,

taking the account over the agreed overdraft then returned a number of other DD's on the same day (utility bills etc)

- and added charges for returning these.

 

I couldn't afford to get the account back below the overdraft limit and this led to LLoyds adding charge after charge, month after month

until the amount owed had risen from circa £300.00 to £2197.00.

This debt was sold to Lowells in September 2013 and they subsequently obtained a CCJ on the account.

 

Now to my real question(s),

 

 

firstly are there grounds under which I can legitimately reclaim the bulk of the charges added and

 

 

secondly, if so can I still do this even though the debt has been sold and subjected to court action?

 

I'm considering SAR'ing them but don't want to waste my time/money if it is a lost cause.

 

Any thoughts gratefully appreciated.

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you can reclaim them

and if you use BCOBS as these are since nov 2009

you night well get some back.

 

 

tell us about the CCJ

 

 

did you defend it?

 

 

if it was mostly/all PENALTY charges

then this could have been very worthy mentioning

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 didn't defend it DX

- it was a poor habit I had unfortunately.

 

 

However I can't change what I did or didn't do but

 

 

if I have a chance to reclaim it now then I will.

 

 

As I've said previously I wish I'd been in a better place at the time then maybe I'd have avoided some of the mess - but cest la vie,

 

 

I'm onto them all now, all been sent SAR's except LLoyds TSB and now I've got them in my sights and intend to get back whatever I can.

 

I presume step 1 will be a SAR?

 

 

Once I have the statements etc then I imagine I can make a claim to the bank

 

 

- but under old rules?

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couple of threads merged for history.

 

s

o its not a CCJ but an SD you have?

 

 

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 get all the statements for sure.

 

 

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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Gosh dx I've got bits of all sorts.

 

 

Via BW Legal I got an SD for debts that Lowell bought for HBOS credit/credit cards

(interestingly I've just written to them to request statements as I've not had one in years

and they added fees and charges in December that they still haven't refunded or really explained!).

 

 

I've sent a CCA to Lowell on that last Friday and a SAR to the OC.

 

 

I've got a CCJ relating to a LLOYDS loan and this current account as well as one for a Credit Card

- back in the day LLoyds went very quickly to the court and got CCJ's

- bizarrely taking any pressure of me because once they'd done that to my credit no amount of DCA threats made any difference at all to me :-)

 

I said to somebody the other day

- oh to have been my wife so I could just walk away from all this

- I lost my job, wife and family all at the same time

whilst gaining a whole load of crap from banks and DCA's.

 

 

Still I got to keep the house and it's negative equity so it wasn't all bad :???:

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This is the SAR I propose to send to LLoyds - have a covered all the points sufficiently - any suggestions gratefully accepted:

 

removed - please don't place our templates in the open forum..read the rules.. - dx

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  • 3 weeks later...

Lloyds kindly returned my postal order today as it didn't have a payee written on it - would have been so much quicker for them to just write their name on it!

 

Anything to delay things I guess - it's now on it's way back to them.

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