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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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Creation finance


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Hi - firstly brilliant website with most amazing advice,

has helped me out over the years but this is a new one which hopefully you can help me with.

 

If I am being harassed by phonecalls (over 4/day even when I speak to someone and say I have already spoken to someone an hour previously)

do I have to go through their "security" before they can stop the phone calls.

 

I got a fridge on finance and

 

 

about 6 months ago there was problem with my bank account and all my direct debit went funny

so have been paying my monthly payment which is £27.04 and I have been paying £30,

but because they cannot draw on the direct debit they contacted me.

 

 

As I only have 3 months left on my agreement I don't see why I should set up a direct debit seeing as I am paying by standing order.

 

 

They are after me for some charges on my account for +/-£46 which I think are very high especially as I have been making payment.

 

 

When I spoke to them I told them I could not pay the charges via debit card (which is what they were phoning me for)

they kept on saying could I just make a small payment or token payment on the £46 even a £1 would be ok???

 

 

Firstly I don't see why I have been charged but will ask for details and

secondly I am scared to give them my card details in case they use for more payments.

 

 

That was last week but

this week the calls have started

I keep saying I have spoken to someone and could they stop calling but

they say they cannot do this until I have gone through security with them.

 

 

I have been ill in bed for the last 2 days so feel rubbish and do not want to sit and go through security I just want them to stop calling.

 

PLEASE HELP - I want get over my flu in peace!!!

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WHO? Is phoning you?

 

When they ring, laugh and hang up, or tell them ''everything in writing'' and hang up.

 

Keep a diary of events too.

If they persist, you could send them http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

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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theres no legal remit that you must pay any penalty charges.

 

 

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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Hi - thanks for your reply

- its Creation who keep on phoning me and

 

 

when I ask them to contact me in writing they say they cannot as I have not gone through security questions with them.

 

 

I am not going to go through security questions everytime they phone which can be up to 4 or 5 times.

 

 

So can I get them to stop calling by telling them without doing the security bit???

 

Hi dx - thanks for that,

 

 

I am querying the fees as they seem very high but that is what they are calling about

 

 

, its not my monthly payments its their charges they want paid.

 

 

Even asking for £1 token payment via debit or credit card!!!

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please stop playing their silly games

 

 

phone rings - creation

hello writing only thank you

put the phone down.

 

 

have you got all you statements from 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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Hi dx - thats what I do I tell them I have spoken to someone from Creation about an hour ago and please can they write, but they still keep phone which is 4/5 times a day. Yes have all my statements. Only got 3 months left to pay!!! Their argument is that they cannot take anything I say as I have not gone through their security questions.

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three words in writing only.

 

 

get those charges back the fees

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

Keep a diary of events with a view of reporting them to the police for the criminal offence of harassment.

 

Personally and IMO, if you're paying them 30£ a month then ignore the fools, absolutely zero they can do, ans as for their penalty charges, you won't be paying those either.

 

The link to the telephone harassment letter is in my first post #2, send them that, get proof of posting, which is free from the PO counter.

 

Don't speak to the telephone jockey any more, just laugh and laugh and laugh, even better, get a copy of the 'Laughing Policeman' and when they ring, just say, Hang on I'll just get them, place down the handset next to a speaker and press play, walk away and go and do something more interesting like watching paint dry.

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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  • 3 weeks later...

Having dealt with a complain with Creation since January with the same issues as you, I used this to get them to pay me

 

 

1. Start a formal complaint

2. Wait 56 days escalate it to official

3. Claim compo for letters and calls (you must record these)

4. Send draft letters to Creation that your formal complaint to the FCA/FOS is ready to sent to the bodies, I included them in my final letter to Creation within a week I was told that they will issue a payment as a final resolution.

5. Get a pay out

 

 

The reason that they are claiming fees and anything to do with a direct debit is that there systems are antiquated and out of date, I did actually say this to them.

It took them nearly 4 months to resolve my complaints and the result was a nice cheque in the post (substantial) BTW.

 

 

If Creation have charged you a fee reclaim it. Use the system error they have as a reason for you claiming the fees back. If you read the T&C's properly then you will see they cannot charge you ANY fees as long as the payment is recived by them by the due date, you will need to allow at least 7 days to make sure the payment is received by them before the due date end of.

 

 

Ps I will never use them again

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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  • 4 weeks later...

Since my last post on this thread just an update to the OP

 

 

Creation have finally caved in and given compensation to the agreement holder. The compo was in the 3 figure mark, this was for harassment and misrepresentation of the T&C's. This took just 3 months of calls emails and letters.

 

 

To forcefully pursue the complaint a MCOL was created in the end, but NOT completed. the result was for creation to complete and pay out within 7 days. So it is worth while pursing a complaint even to the bitter end..

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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Hi - thats brilliant news.

 

 

My payments have been made a few days late as am doing them via standing order and not direct debit which is why they are putting charges on.

 

 

Got a letter a while back to say that they were charging me 100 for referring my account to a debt management agency.

 

 

Calls are still ongoing,

 

 

Can I ask a bit favour if you can would you let me have a copy of their T&C/credit agreement as I cannot find my original one.

Kind regards

Sharon

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they cant do anything of the sort

 

 

how old is this 'debt'

 

 

is it on your credit file?

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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well you certainly do not have to pay any penalty fees nor debt management fees

 

 

end of.

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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