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    • My father purchased a £500 iPhone for my mother, he did this on the argos website and paid at the time of order with his debit card.    phone was collected the following day.    After assessing it for around a few hours, my mother wasn’t happy with it.    I have tried to return the phone under the CCR regulations, specifically distance selling.    this has been refused. I have escalated to customer service and been told firstly I can’t return it under distance selling because it’s been opened…. And then told after that electrical goods of any kind are exempt from the distance selling laws.    I’ve also been told by the store manager that upon presenting my order number in store I could have asked the staff member to open the item so I could inspect it and then refuse it.    surely that means though I could just reserve an item everyday for the next year, and then go into store and ask them to open it, breaking the seal etc and then refusing it? If everyone done that, they wouldn’t have a business.    I guess I’m just looking for absolute confirmation from someone in the know or who has been through the same, if I purchased the item online, and paid for it online but then collected from store, does this still fall under the distance selling laws?   it’s a David vs Goliath and I’m struggling to keep going, but I’m trying to hang in there.    I’d just like to know for sure before I properly take up the fight.    im really grateful to anyone who can provide any help or advice. 
    • we certainly don't advise tipping them off providing anything that might 'play your cards' and elude to what your WS might contain at the defence stage.  
    • and as expected   UK rejects mobility agreement with Europe to help young people travel and live abroad WWW.INDEPENDENT.CO.UK Labour also rejected the possibility of an EU-wide scheme for young people a Government spokesperson said there was no interest from the UK side, adding that “free movement (for UK plebs) within the EU was ended”.
    • Yep, I agree with what you are saying, I only mentioned the governing body code of practice as a nod to the fact that I wasn't dismissing the BPA or whoever out of hand, thought that would go in my favour before a judge. I wrote a long post about the BPA CoP earlier but then deleted it because I realised I wasn't talking about points of law but a set of guidelines drawn up by one bunch of charlatans for another bunch of charlatans. It is ludicrous that the 5 minute consideration period doesn't apply if the motorist parks, such nonsense. As for legislation, I was referring to the government legislation (if it is legislation?) document which has been withdrawn. Does that stand until it has been reintroduced? In the explanatory document it is quite clear. Otherwise, how does one hold them to the consideration and grace periods? Or is that at the discretion of the judge?
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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.

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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.
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      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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Adverse Credit Why?


beetle101
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You say you meet all the lending criteria, how do you know? Different companies have different criteria and that can change day by day. It could also be that someone entered something incorrectly. I recently applied for an M&S credit card which was reffered because I missed a 0 off my salary - it could easily just have been declined but wasn't.

Any opinion I give is from personal experience .

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  • 10 months later...

Went to purchase goods at store today.

Found that I was declined for "buy now pay later scheme!"

I was directed to Equifax Credit Agency. 

 

Have been a regular viewer on these Agencies. 

No notable adverse credit that would make company decline me.

 

Very frustrated as the product I would like to purchase I can actually afford outright. 

But being a mature person.  I prefer to do it the old fashion way so near xmas and with Co-Vid in the mix.

But I was declined. I am perplexed. 

 

But no one can seem to tell me why I was declined.

As Black Live matter. 

I can only presume it is because I am of ethnic origin. 

Otherwise the credit criteria is over 18.

 

Yes. Have worked for more than three years. Definite Yes.  And are either retired, Homemaker, or working. 

So, retired Yes.

 

Still working earning over and above the correct amount.

Own property mortgage free.

So why the adverse rating.

 

As I said of ethnic minority.

And being a previous BANK WORKER.

I know that they put categories in the Clients records on ethnicity.

 

Supposed to be for Equality Relations survey but I know its not.

But why the adverse rating when my history and records show good payers?

Even managing to pay off things before due date.

 

anyone any ideas. 

 

Would like to find how how to stop this and restore my life back credit wise.

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i've merged 4 threads over the last 2yrs on basically the same issue for history.

 

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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Fletch 70

noted your reply but a command window came up on payments section that listed its criteria for the flexi-payment scheme.  So, I knew what they have on the webpage was their criteria. Did not miss anything out.  But still was declined. 

 

I have spoken to many other people in my situation.  And it is common knowledge at present in the ethnic minorities sector that the financial institutions are deliberately targeting ethnic minorities from middle to lesser incomes and attaching negative or adverse credit information against them.  Even though they have no bad debts against them. 

 

Whats worst is that when we make enquiries from 'Official Bodies.'  We are getting little or no help. Worst yet we are directed from pillar to post and visa versa. 

 

Solicitors tells us to write to the companies and then go to the CAB. 

The CAB tells us to write to the companies and go to a solicitor or the Financial Ombudsman.

The financial Ombudsman. Listens to what we have to say then states they cannot undertake individual legal cases.

In the meantime, this is what I got from a solicitor regarding the matter yesterday.

 

“Even if you do have a good case the corporations and can afford solicitors do you really wish to battle the corporations that can tie you up in litigation for years.

Do you really want to waste your money in fighting them?”

 

When I wrote to the company itself. It does not come back with something specific it states refer to the credit agencies. The credit agencies give a credit record which is medium satisfactory. But state any problems see the companies. 

 

As a former paralegal (retired now). I know that there is a comments page for the companies to make which does not show on the consumers credit report but warns other companies if there is a question against the account.  Thats why I approached the solicitors to investigate this.  And the reply was the one above. 

 

So I say again. 

Can we have a Uk Erin Brochovich to champion our cause. Because no one wants to go against the corporations who are obviously wrong in this case.

 

 

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