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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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citi financial loan and capquest debt recovery company


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i have a bad loan for £2403.89, was reading in another thread that sometimes the debt collection agencies buy the debt off the loan company for as little as 12%, if that is true, would that be why they offered to settle for £1262.04, would this indicate that the debt has been sold and if so are there any ways to make the situation easier for me, i dont wish to worm my way out of the debt (ahem unless i can) but what i am thinking is if they have bought it for a rediculess amount can i offer realistically a silly settlement amount like £700

any help would be appreciated as i would like to pay this off with the charges i get back from hellifax with out using it all

TOTALLY debt free as of 2007, Fantastic,

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Companies (even original creditors) will offer to settle bad debts for less than their nominal value if you are able to pay the whole amount of the settlement. There comes a point in time when some companies will take a "reasonable" offer just to get rid of the problem. It saves them having to sell the debt for less, mess around with court proceedings or even accept £1 a month for the next 300 years.

 

Different companies will settle for different amounts in different cicrumstances. If that is their first offer at 52% you should try offering less to see if they'll go a bit lower. Anywhere between 25% and 50% is a pretty good deal.

 

If you do make a settlement about this make sure that you get WRITTEN confirmation that the payment of £X will a full and final settlement. If you don't do this it's amazing how many companies take the payment and completely "forget" about the whole arrangement!

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If I can add a little bit here.. This is all about negotiation and your negotiating skills. Seminole is absolutely right about all he/she said, but if you are looking for the best deal you have to make it look as though this is the ONLY time you will ever have the kind of money you are offering them. In principle, a debt is a debt and should be paid, however I believe that a certain amount needs to be 'knocked off ' for the greif they put you through when you are going through financial difficulties which are often not always of your own making ( job loss, sickness etc) especially when the people giving you the grief are not the original owner of the debt. I had much of this after losing my business through 9/11. Remember that these outfits are there to make a profit, let them see they are going to make some. Take the 12% and add a bit for their profit. Tell them that someone is going to help you get out of your debt ( a friend/family member) with a limited amount of money to stop your health from deteriorating and make an offer for less than you are able to pay them. They will refuse your first offer. Tell them you'll have to go back and see if you can squeeze some more out of another creditor so you can offer them more and get back to them until you have a satisfactory result. It is not always easy because some of these people you are talking to are trained negotiators too. If you are seen to be offering ALL your creditors a similar % to settle then that will be looked upon more favourably too as it will be apparent you are treating everyone the same. As long as you have taken into account that the balance is not made up of illegal penalties and charges then your obligation is to pay your debts, just practice your negotiating skills first!

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other development are appearing with this am looking into this and will update later

 

dpa sent off today, ok the new developments are as follows, i would apprecial any thoughts on this "problem?"

 

the original agreement had the total of the loan which was £1000, then we got a top up loan of £1200 which put it up to £2200, but, when the new agreement was made up we signed and left with the dosh, the next day when we re read the agreement we realised the total was not correct, the amounts were correct when it was itemised but the total was wrong by about £145 under the correct amount, it should have been £2425.76, but it read £2300.41, so we asked for it to be revised due to the error, they sent a new one to sign but that was wrong also, the third was wrong so i phoned and asked for the boss who assurred me to sort it out, they sent another one that was correct, but we didnt sign the form for whatever reason, so my question is is the loan legal, also when the dpa comes back with the docs ect and no signed contract only the errored original, where does that leave us, is thsi a loopehole to get out of it??????????

TOTALLY debt free as of 2007, Fantastic,

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  • 1 month later...
Have they also entered a default against your name? If so, insist that they completely remove it from your file.

 

looking into that now, am i being pushy asking for any money paid to them "back"

TOTALLY debt free as of 2007, Fantastic,

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"Getting off with a loophole"?! I strongly disagree. The onus is on them to comply with the law when collecting Debt - if they had no original documentation they should not even have pursued you in the first place. They have knowingly taken money from you under false pretences - it's called "Obtaining a pecuniary advantage by deception" I believe...

 

Obviously it's your choice but I think that your reasons stated above for that choice are flawed; this isn't your fault. If you choose to let it go just for some peace then fair enough; but don't do it simply because you feel you're chancing your arm. You'd be claiming back what's rightfully yours, no more, no less.

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"Getting off with a loophole"?! I strongly disagree. The onus is on them to comply with the law when collecting Debt - if they had no original documentation they should not even have pursued you in the first place. They have knowingly taken money from you under false pretences - it's called "Obtaining a pecuniary advantage by deception" I believe...

 

Obviously it's your choice but I think that your reasons stated above for that choice are flawed; this isn't your fault. If you choose to let it go just for some peace then fair enough; but don't do it simply because you feel you're chancing your arm. You'd be claiming back what's rightfully yours, no more, no less.

 

point taken..but..why would i pay them any money in the first place if i didnt owe it in the first place, i dont see the defence to that, even if there is no egreement

TOTALLY debt free as of 2007, Fantastic,

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  • 6 months later...

Hi baconbuttyman, I read a post yesterday regarding your wife recieving comp for defaults as it against the law. could you no what the law act number is or have a copy for me please.

 

thankyou

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  • 12 years later...

This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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