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    • To turn out to the action that you should take. You should not stand for any nonsense. You should decide absolutely that you are going to return the car. Of course you made a big mistake by paying for it by debit card. Although slightly better than paying by cash or paying by bank transfer. Is the vehicle currently stored off-road? The first thing you must do is you must get an independent report. You must write to big motoring world immediately. You still are within your 30 days. Write a letter of rejection. Tell them that you are rejecting the vehicle for a full refund. It is defective. Give them a list of the defects which have occurred so far and explain to BMW that as they apparently refuse to accept your own account of the defects on the vehicle even though they are supported by photographic evidence, you are now booking in for an independent inspection by an authorised VW dealer. This inspection will cost £XXX and you will be seeking to recover that sum from them when the vehicle is returned. Tell them that your decision to reject the vehicle's absolute. You're not interested in any repair offers. You have read sufficiently about them on the Internet to understand that they are not to be trusted. Tell them that as soon as you have had the independent inspection which you fully expect will confirm the faults, you provide them with a copy of the report together with a bill for the inspection and if they will not make immediate arrangements to recover the vehicle, to refund you the cost of the vehicle and the cost of the inspection – together with any other expenses reasonably incurred [list out any expenses such as insurance, road fund tax – et cetera et cetera], then you will start an action against them and without any further notice. Tell them that you are currently storing the vehicle off-road and unless they make immediate arrangements to collect it at their expense will also start adding a daily storage charge of £10 per day and this will be added to the court claim which you will be making against them. If you're happy with this approach then book the inspection immediately. Come back here when you have a date for it and we will then complete this draft letter and send it to them and the draft letter will also contain a deadline after which you will begin a legal action. Let me tell you now that if you aren't prepared to go this route, then you may as well give up because we are all wasting your time and you better accept the slap and be more careful in future. I see that you are griping a bit about £240 cost of an independent report. As I have said, you will in all likelihood recover this although it will take a court action. However, I'm afraid that this is the kind of thing that you will have to accept when you buy a vehicle without first researching the dealer and also you buy it at a considerable distance from your own home. Although you are well within the 30 days, today we are pretty well at the end of 26 February. I suggest you get a move on  
    • Thanks Dave and JK.   So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre? Is there a template for this email I can use?  I just want to make sure I'm including all the right things. Thanks CD
    • Firstly, in response to your questions: If you are rejecting the vehicle for defects then it is certainly the responsibility to cover all of the expenses incurred in returning the car to them and frankly they should be responsible for the collection. The consumer rights act does not refer to this and so we have to resort to the common law of contract in respect of which, the seller will be responsible for all of the losses/expenses incurred as a direct result of their breach of contract. In terms of recovering a rate per mile for the use of the vehicle which you have had in the first 30 days – the wisdom seems to be that no they can't. After 30 days it's a different matter. However, once again the consumer rights act is silent on this but the motoring ombudsman seems to say that they are not entitled to recover anything for the usage of the vehicle during the first 30 days if it has been rejected for defects during that period. Once again the consumer rights act is silent. However, it will be prudent for you to provide your own inspection. If you haven't understood yet, Big Motoring World is a car dealership which is self-serving in its interests and is not customer facing and is turning out in respect of customers who buy defective vehicles, to be pretty untrustworthy and very defensive. I have no doubt that lots of customers by vehicles very successfully and are happy but what we are seeing here and also on the Facebook complaints page is that when things go wrong – Big Motoring World are totally unsupportive. You could try to back if you want – but referring to the above point, you should get your own independent inspection from a reputable source. A VW specialist dealer. The information we have is that if you simply return it to BMW, they may carry out some kind of inspection and they may then report back to you that there was no such fault or else they will say that they have discovered a fault but they repaired it and that you are not obliged to take the car back. It would not be a good idea to take this vehicle back. You absolutely need to get rid of it and give your business a some other company which is apparently more reliable – although you need to do some solid research. To add to this – and I suppose you won't be happy with this criticism – I never understand anybody who buys a vehicle a hundred miles away or so. It is asking for trouble. So many people do this and a lot of them come a cropper simply because of the mileages involved in returning the car even for a minor repair. Here is a video for you to watch. It may be too late for you but others will visit this thread – hopefully before they buy their vehicles – and they will learn something about how to survive the trauma of a used car purchase. also, make sure that you have read and understood our used car guide. You won't really enjoy what you read, very much that you can consider that they are lessons for the future – and of course anybody else who visits this thread should benefit from your unfortunate experience.
    • Yes, if she outs you it should take her out of the loop. However I don't know for sure, because I understand there's a time limit to do this and don't know if its a statutory thing under POFA or just someting the they make up. Maybe LFI could comment?
    • Thread moved to Debt Collection Agencies Forum. I'm pretty sure a PP Credit debt of that age is under PayPal EU and is out of jurisdiction but I've flagged this for my site colleagues to advise further.   .  
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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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Arrow Global Vanquis


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Hi DX

 

Its never been defaulted

 

I looked through the log of contacts they sent me and there’s nothing there saying so either -  nor any letters in the letters they’ve sent.

 

Vanquis removed it from my credit file last year too. Odd ?

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well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

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 

 

So do I just leave this now? 
 

There’s certainly letters missing, I had one from Vanquis about the debt sale in certain. But it’s not in the files.

 

thanks for your assistance so far appreciated 

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well until/unless arrows reply to your CCA request..

as for the NOA 

the buyer can quite legally send that on the OC's behalf on their letterhead too.

but the debt sale will be noted in the sar as legally it must be.

 

 

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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what vanquis hold is immaterial keep that to your self.

 

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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  • 6 months later...

open

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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a debt buyer can't issued a default notice/terminate an agreement under the CCA

ignore them

 

On 21/07/2020 at 18:30, dx100uk said:

well if arrows ever wanted to chance a speculative court claim.

they'll come very unstuck without a compliant section 87 default notice :bounce:

 

so no CCA return

no default notice issued by the OC.

 

good luck with this lemon debt arrows

 

until or unless they send a letter of claim or a CCa return you can ignore them.

 

 

 

  • Like 1

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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  • 3 weeks later...

Hi DX, 

 

Is it worth me contacting Vanquis to default

the account further back?

 

Wouldn’t Arrows become the creditor when assigned and are able to put a default on my credit report from now?


Or if they do can I get that removed?

 

Seems unfair when they’ve yet to respond to my own CCA request they are now taking action. 

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now go re read my last post...

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 DX I don’t want to appear dim.

 

You’ve stated to ignore them until anything more or a CCA return. I understand that I do.

 

But reading through posts it seems Arrows regularly apply defaults even if incorrect.

 

I just do not want a default on my report in 2021 for another 6 years after for a debt that’s been in issue for almost 3-4 years. 

 

 

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a debt buyer cannot register a default nor issue a default notice.

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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  • 2 weeks later...

Thanks DX, that puts my mind at ease a little.

 

Do I have any recourse if they do slap a default on my file next month? 

 

Having read a few threads about Arrows they seem to be horrific to deal with and likely to do so -there's other threads where Vanquis have sold debts on without defaulting but they've not been updated that I can see.

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Sorry Adam for not getting back to you earlier.

 

I am afraid DX is wrong in this.

 

If you are on a DMP, the new owner can, of course record missed payments and defaults on our credit file.

 

It is also true that a debt purchaser, who has undertaken an assignment of the debt from the original creditor can issue a section 87 default notice, and proceed to court action. the latter is not something DCAs do often, but they certainly can.

 

I suspect what DX means is they cannot issue two DN 87s. Which is true, but they can still enforce off the old one if it has not been remedied.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thanks I understand now. 

 

So there's nothing reported currently, ever since assignment in 2019, in fact the OC removed it a few months before too.

 

Whats my best option to avoid the default? I can't afford paying it all at once, but being a recent (2014) a CCA is likely to be found. 

 

Should I contact Arrow to see if we can set up the plan again? I uploaded the DN they sent me a few posts above if it helps. My CCA is almost 300 days without being replied too bar a confirmation but don't think that matters in the current situation. 

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no.

 

await if/when you get a letter of claim.

 

when did you enter into the low repayment to vanquis and they ceased interest?

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 

 

My concern here is all my defaults on my file drop next year. If they slap one on a CRA it’s stuck for another 6 years from now.

 

I believe they ceased interest in Feb/Mar 2016 and the agreement started then.
 

£9-10 a month, until they sold it in June/July 2019. That’s a long time

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the upload you have made is a termination notice not a default notice.

 

 

 

 

 

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

up the garden path or down a rabbit hole be you falling.

 

a D or reporting a default to a credit reference agency in the monthly status calendar section of your credit file can only be seen by you and the debt owner, it is not a registered defaulted date and cannot be seen by anyone if they do a 'credit search'.

 

only the original creditor can issue a default notice under section 87 of the CCA which results in a recorded defaulted date showing in the summary line status on your credit file.

 

with regard the letter you got from arrows.

it's a termination notice and is total BS.

 

they are a debt buyer and a debt collection agency so saying what they will do is immaterial

they may instruct a dca to chase you...big deal so what..powerless muppets. their other trading name NCO is already on the case.

report a d to your file ...big deal no-one can see it.

 

they are not a creditor so cannot issue a default notice which results in a defaulted date being placed against the A/C.

 

sadly some people use a sledge hammer to crack a nut spouting all manner of twaddle to prove they have far superior knowledge about these things than a dca when there is never a need to go down that rabbit hole.

 

 

 

 

 

 

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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Hey Dx

 

Thanks for that I think thats key - if they did and no-one else can see it say if I applied for a new card, or a mortgage that's great. They are void of my CCA request nearly a year later so from what you've said I'm happy to just wait it out now.

 

My main worry was they'll turn around slap a D on my file, and any checks would show a new default in March 2021. I don't think that contradicts what @Peterbard said above either because at the moment there is nothing on any report. 

😀

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entering a D is not a registered defaulted date via a default notice.

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 addam and you are right too worry.

Firstly you have to appteciate that what is on your credit file has absolutely nothing to do with the requirements oftbe consumer credit act to send a default notice u der section .87 whether one of these has been issued or not has nothing to do with what it says on your file.

Secondly and not wishing to upset anyone specifically. Whilst the form of the report issued to an inquiring creditor is different to what you see on your credit file. It does contain ALL the information that you see. I can tell you this first hand.


sadly the DCACan and often do register a D on your file. If you enter into an agteed plan with the creditor then no default is recorded. However if, down the road you miss a payment  they can. On one missed payment if you had two or more missed payments previously. Or three if you had no previous missed payments. 
 

This is why they tend not to default immediately.. it is a disgrace. You can fight it as being unfair. But really the law needs to be changed.

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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