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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 
      • 81 replies
    • 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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blemain and secret commissions


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I would be interested to hear from anyone suffering problems with commercial first ltd and also if you were sold a motgage by the now defunct ironmarket loans .I have had huge problems with them but I am in the process of ammassing information regarding these companies .I have had direst conversation with the fsa about matters as wellas the ombudsman and the fSCA .i would love to hear all the stories especially those who have suffered harsh treatment from this company .:mad2:

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  • 2 weeks later...

When looking for a business loan, most banking organizations will require that you have a effectively ready strategic enterprise plan that features your enterprise, your using business loan resources, the market in which you are managing within, how you plan or how you will continue to market your enterprise, and the predicted monetary results of the enterprise over the next three to five years.

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ironmarket didnt ask for anything as such from me as there wasnt any enterprise hence why i am persuing this with the sfcs at the moment ,neither did commercial first ask for anything like this .i also belive my paperwork was filled in in part when i signed it and then agfterwards ,no sign of any original docs eith with theoriginal sig onit ....quite easy to photocopy in afterward too ..i hear others are insimmilar position .

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I would really like to make contact with you as I am dealing with Commercial First. My case is with FOS, but I have a solicitor in the background who identified many issues (putting ot mildly!) and FOS have details from him. However, I am not confident with FOS. Quite a few issues really but Commercial First are breathing down my neck and my experience with them is shocking too. Please contact me, I need anything you can give me and it would be nice to have contact with someone who has, or is, dealing with Com. First as I am going through a bad time with these conmen and life has come to a stop. Will look forward to hearing from you, hope you are still out there. Many Thanks.

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  • 1 month later...
I would really like to make contact with you as I am dealing with Commercial First. My case is with FOS, but I have a solicitor in the background who identified many issues (putting ot mildly!) and FOS have details from him. However, I am not confident with FOS. Quite a few issues really but Commercial First are breathing down my neck and my experience with them is shocking too. Please contact me, I need anything you can give me and it would be nice to have contact with someone who has, or is, dealing with Com. First as I am going through a bad time with these conmen and life has come to a stop. Will look forward to hearing from you, hope you are still out there. Many Thanks.

 

in the same boat

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  • 8 months later...
It would appear from Companies House filings that Commercial First have disposed of all of their subsidiaries which owned the equitable rights (financial benefits) of their entire mortgage book.

 

i consider that Commercial First Mortgage Limited is Money Laundering and misrepresenting the FCA through Commercial First Business Limited,a lender without capital, BY FUNDING UNREGULATED MORTGAGE THROUGH Commercial First Business Limited, which act as the the lender BREACHING the FCA Rules allowing Commercial First Business Limited to hold the legal title and to repossess the mortgage property

once the property has been prepossesses Commercial First Mortgage Limited instruct sale on their is behalf.

(clean money through an illegal act) follow the money trail, This is job for the SERIOUS ECONOMIC CRIME UINT

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TJC123

Do you think they were pushed to dispose of them in view of these companies, which held the equitable rights, having a combined net worth of £ -116,984,000 as at 30th November 2012? This caused the whole Commercial First Group to have a net worth of £ -119,405,000. It is difficult to see how they were still able to trade. What is more the rating agencies could have raised concerns or downgraded their rating of the investment coupons, as they did a couple of years ago when the loan administrators HML, a subsidiary of Skipton Building Society, suffered a small reduction in their own credit rating but nothing like as dire as Commercial First's position.

 

I suppose it depends on who took the hit as Commercial First were not able to handle these losses.

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From CF’s annual accounts, I notice that several months ago their main bankers dumped – sorry, sold their short term loans that they had made to CF. I wonder how many turned up for that auction? What’s that story about rats jumping ship.

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  • 2 months later...

It has been interesting to read all of this but has anyone found a solution about getting out of bed with Commercial First?

 

Has anyone managed to get out of their clutches successfully without financial harm? I would be very interested to discuss with someone who has managed to beat them. Please contact me ASAP!

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I would suggest anyone with a Commercial first mortgage send an SAR request and in particular pay attention to the underwriting sheet .There are a number of mortgages out there that show hidden payments to brokers as well as what you have paid to your own broker .This creates an unfair relationship and could result in the mortgage being completely rescinded as well as you being able to claim damages and losses etc .Also look at the consumer credit act section 140 A and 140 B remedies for unfair relationship etc .There is a famous case wilson v hurstanger 2007 which sets case precedent and says there is joint resposibility on lender and broker ....important as CF will try to blame the broker always .......

There have been recent out of court settlements but undoubtedly there will be confidentiality agreements .CF do not want this to get out and continue to bully people and repossess .

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  • 8 months later...

Some surprising and concerning information is leaking out that Commercial first are adopting a very blase attitude to the secret comission and bribery issues ........despite there being a large and mounting number of cases against them including claims for those customers who were reposessed by this bunch .One wonders if the blase attitude will wash in the high court .

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Im My case we have discovered the secret commission and my lawyer got a total stop on legal proceedings (with no order for costs). The Judge said that CF better nont even think of coming back to court untill its settled.

 

Since then they have dragged there feet in sending the paperwork and now we are negotiation a settlement.

 

Maybe they are in more trouble and dont care, from what my lawyer says (he has dealt with many CF cases) they will lose, dont want to go to court but still delay and play hardball. From what ive seen of there accounts and changes in the last year I think they changing there business model based on the problems they have, and the longer these these things drag out the nearer it i to better times for selling repossessed properties, they can tell there backers that they are sorting cases.

 

When i did a google search for "Commercial first complaints" i found near the top a website dealing with these problems adn they put me in touch with the lawyer.

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  • 8 months later...

Hi All

I have recently checked over my SAR documents and found a hidden comission blemain paid my broker !!!!

 

 

As well as this they have levied huge and unfair chrges on my account and used the inhouse monarch recoveries

to supposedly recover the debt whilst charging exorbitant fees .

 

 

I shall be using the principals in Wilson v hurstanger and the recent plevin v paragon supreme court ruling to obtain rescission

as well as damaged and losses as per section 140 A and B of the CCA (my loan is unregulated )

 

 

This company are dreadful and during a time when I had small arrears owing to dreadful family circumstances

they tried to repossess me many times .

 

 

I now have no arrears and have agood payment history despite this the loan has hardly reduced at all .

I have experiences extreem rudness from the staff there but now is the time to fight back

 

 

.My advice to anyone is to obtain the SAR and look carefully at the underwriting sheets

,if they do not send them demand them

,most of their mortgages will have some sort of hidden commission present giving you all the opportunity to demand rescission of the mortgages

,this means the mortgage contract is voidable and you go back to day 1 less anything you have paid and all fees and charges removed .

They will wriggle but it is very worth the fight .

 

 

This company have a terrible reputation for customer treatment and setting up loans to ensure people fail .and allow them to repossess.

This is the legal way forward but the SAR is very important .

They will also try to pass of that they have conditions in the mortgage paperwork that invite you to ask about a commission paid or that they may pay a commission

.....this is not enough to get them off the hook so dont be daunted .

 

 

Any commission has to be told to you by the broker and them clearly and concisley if they dont it is considered a bribe

to induce the broker to put business their way and without proper consideration for your needs as a customer .

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Hi I know exactly what you are going through I was bullied by this bunch whilst dealing with divorce bereavment and ill health ....

 

However may I suggest you send off for an SAR to them it will cost you £10 the templates are here ...dont be surprised if they refuse to send you the underwriting sheet as this may well show that a secret commission was paid to your broker ....

 

if this is so then apart from throwing a very big spanner in the works of the repossession process it may well allow you to get the mortgage rescised ie it goes back to the day you took it out less charges and fees etc and loss to them of any benefit whatsoever ...look at the likes of wilson v hustanger and the recent plevin v paragon in the supreme court ....a secret comission is a bribe and dealt with in civil law as a type of fraud .I am currently getting barristers opinion on the second charge i have with blemain .....

 

but I already know I have a case and as well as that also good grounds for the mortgage to be deemed unfair under section 140A and 140B etc of the CCA (mine is an unregulated one ) if yours is regulated then the mortgage rules should cover you .If they refuse the underwriting sheet you can force them to produce it in court .

 

Most if not all of the sub prime lenders paid commissions to brokers without clients knowledge this can be enough to void your mortgage .Dont give up !My battle is just begining but I have plenty of damming evidence against this awful company .There is plenty of information on the internet to help you

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Hi I know exactly what you are going through I was bullied by this bunch whilst dealing with divorce bereavment and ill health ....However may I suggest you send off for an SAR to them it will cost you £10 the templates are here ...dont be surprised if they refuse to send you the underwriting sheet as this may well show that a secret commission was paid to your broker ....if this is so then apart from throwing a very big spanner in the works of the repossession process it may well allow you to get the mortgage rescised ie it goes back to the day you took it out less charges and fees etc and loss to them of any benefit whatsoever ...look at the likes of wilson v hustanger and the recent plevin v paragon in the supreme court ....a secret comission is a bribe and dealt with in civil law as a type of fraud .I am currently getting barristers opinion on the second charge i have with blemain .....but I already know I have a case and as well as that also good grounds for the mortgage to be deemed unfair under section 140A and 140B etc of the CCA (mine is an unregulated one ) if yours is regulated then the mortgage rules should cover you .If they refuse the underwriting sheet you can force them to produce it in court .Most if not all of the sub prime lenders paid commissions to brokers without clients knowledge this can be enough to void your mortgage .Dont give up !My battle is just begining but I have plenty of damming evidence against this awful company .There is plenty of information on the internet to help you

 

You may wish to note that the post preceeding yours was from some 22 months ago......

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Own thread created and moved to the correct forumm

 

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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