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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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DPA & Same DCA for more than one debt


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Hi all!

 

I have the same debt collecting company persuing me for two different credit card companies.When I wrote to the company regarding one of the card accounts and the position of the account i.e. sold or not - templete as on this site together with £1 stautory fee.

 

The debt collecting company replied but referring to a different credit agreement - loan account that I have with one of the credit card companies.

The reply is very carefully worded - with reference to my request(not say what) but clearly the loan account reference number and amount demanded rather than the credit card debt that this debt collecting company was pestering me about.

 

I have two questions here:

 

1.If I do a DPA to the debt collecting company will it reveal details of all the accounts it has dealt with in my name from these two creditors or how does it work?

 

2.Also,this particular debt collecting company has pestered me with calls and texts etc despite the fact that I have told the company verbally and written by recorded delivery that the amounts stated are disputed.

 

What is my next best course of action?I was seriously considering a complaint to the OFT or even legal action.

 

As this debt collecting company does not try to resolve the matter but just says to contact the creditor or use bully tactics.Or as mentioned before,bombarding me with text messages and at times have very rude staff which of course I refuse to speak to.Taking into account and most importantly I have told this company that I do not owe them any money,to get the proper paperwork in order if this company desires to persue me and any amount demand is disputed due to mainly PPI.

 

Just an additional interesting comment,the balance on the credit card debt has changed - around £90 less than originally demanded.Cannot understand how this figure was reached but it just proves a point that the amount demanded is inaccurate.I just put in a DPA request to the creditor - WATCH THIS SPACE!

If it makes any difference...

 

a.The debt collecting company is called Credit Solutions Limited - it is based in Surrey.

 

b.The creditors are EGG and MBNA.

 

Any advice/suggestions for the way forward would be highly appreciated.

 

Many thanks in advance.

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It doesn't sound like they own the debt, so don't deal with them.

 

You seem to be doing the right things.

 

Contact MBNA and Egg, tell them that you dispute the amount and that once you have received the information requested under your DPA request you will contact them again, it's important that you let them know what you are doing and intend to do.

 

Then it's just a matter of waiting for them to comply with your DPA request.

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Hi all!

 

Yes,lee6370 I do not think they own the debt - they are just trying to pester me so much until I have caved in! Fat chance!

 

Also,since my last posting I have complained to the OFT - not that anything will come out of it due to the fact that the OFT cannot take on individual complaints.

 

From my previous experience,Trading Standards are also a TOTAL waste of time.

 

Today,the same DCA attempted to ring me on the mobile.I just switched it off.

 

Wait and see what happens withe the DPA requests.

 

I keep you all posted.

 

Once again,thanks lee6370.

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Assuming that your CCA demand referred correctly to the credit agreement you are being pursued for, then they have not complied with the statutory requirement. They must provide you with a true copy of the signed agreement within 12 calendar days of the request. If they fail to do so they can only enforce the agreement through the courts if they produce the agreement AND they will have to explain why they didn't comply with the law. If they don't send the agreement by 30 days after they receive the demand, then they commit a criminal offence. At this point it is definately worth reporting them to trading standards. This is a serious matter and it will usually be treated as such.

 

Credit Solutions are well known for using the telephone as a weapon and they will bombard you with calls. Asking them to stop doing this either politely or assertively is unlikely to work. The only options are to wait them out and ignore them as they will eventually give up.. Alternatively report them to Trading Standards with reference to the harassment provisions set out in Section 40 of the Administration of Justice Act (1970).

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Hi all!

 

Thanks for your interesting posting,seminole.

 

The best way forward is to ignore Credit Solutions - like I did yesterday by switching off the mobile.

 

I used to get very irate before but I have improved since coming across this site.Basically,I refuse to speak to anyone about anything unless I am told who is speaking on the other end.If the other person refuses to confirm who they are(I run the ID check on him/her!),I just put the receiver down - I am no longer putty in their hands to shout and hurl abuse at!

 

I find it much better to not to talk to anyone and strictly write to creditors by recorded delivery post - which from experience I know they dislike because they may "slip up" on anything.Also,on my part should the matter go any further the creditor cannot just rely on notes/phone conversation notes etc but has to cross reference with my "to the point" written response(s).

 

Seminole,before I forget I have one question - do I complain to my local Trading Standards regarding the DCA or the Trading Standards in the locality where the DCA is based i.e.address on letters or in the event of a limited company like Credit Solutions - where it is registered?

 

Once again,many thanks for your help.It is highly appreciated.

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Unfortunately you have to make the complaint to your local trading standards. This is the rule but it's a stupid one. If you were able to make complaint to the trading standards nearest the company, they would be able to see a pattern of complaints emerge and this would make them more effective in pursuing rogues.

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Hi all!

 

I know it is very annoying,Candice but try to ignore their calls and focus on the written responses.

 

This company is going in circles with me because it is unwilling to provide or does not have the correct paperwork to persue me.

 

However,this does not stop it trying to badger me with calls - which I totally ignore.

 

Soon,it will be my turn with the responses to my DPA requests - sent earlier this week!

 

WATCH THIS SPACE!

 

I will keep you all posted!

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Unfortunately you have to make the complaint to your local trading standards. This is the rule but it's a stupid one. If you were able to make complaint to the trading standards nearest the company, they would be able to see a pattern of complaints emerge and this would make them more effective in pursuing rogues.

 

I think the reason you have to use your local Trading Standards is because of the way in which trading Standards is funded.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Interesting update!

 

Just received letter from DCA offering me 25% off of the balance owed(this is equal to over £3000!) but still no DCA Documentation received yet in response to my request together with the stautory £1 fee.

 

This offer is in response to my DPA request made directly to the lending company.

 

Any comments or suggestions would be highly appreciated.

 

Many thanks in advance.

 

Also,thanks dw190 for your input.It is highly appreciated.

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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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