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    • post re submitted  we are quite secure with that. it's ok to it here  you need to formerly WRITE to BMW AND to the finance co. (who is?) and REJECT the car under your short term right to reject. 100's of threads here on Big Motoring World, and they scammed you out of a useless warranty too, you dont need it ever, CRA covers you for FREE. dx  
    • Hey there, as the plane went tech you are entitled to the £520 x2 compensation under EC261. This is a clear cut case. Just claim straight with Virgin. However you are not entitled to a full refund, since you were eventually flown to the final destination; of course that second flight should have been totally free of charge; if not you must bill Virgin for it. Your mum+sis are also entitled to full reimbursment of taxis to and from the hotel, as well as meals+refreshments that they had for the entire duration of the unexpected stop, including both at the hotel and airport. (Just stay reasonable: no claiming for 49 pina coladas at the beach bar) Was their luggage returned to them during the unexpected stop? If not they may also claim for any toiletries and clothing that they had to purchase during the night stop. I understand the hotel has already been paid for, just don't forget the rest. Hopefully they have kept the receipts. Otherwise bank statements should do the trick. You need to claim for this in addition of the £1040 Other than the above there is no statutory compensation due for missing out on 1.5days of holiday. You could however talk to someone at customer service and make a polite request to extend your stay by another couple days and see if they will do it for you free of charge (providing they have space). Or if not, you could possibly get some token gesture of money back or voucher off your next holiday. It's worth trying. That you paid £700 for a name change is unfortunate but it's completely unrelated to the situation at hand. Above all I hope they don't worry too much about this mishap, and make the most of their holiday. Compensation is practically guaranteedwhen they are back. Just tell them to save all receipts they have and don't worry about the rest until they're back!
    • thats not a delay thats just standard processing.   it has to be 2+ months for it to be a delay
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
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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
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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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Can Debt Collection Agencies search credit searches without your permission??


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An awful lot of defaults refer to the agreement being terminated if the debtor does not comply.............so default can mean terminated

 

They can mean terminated, but usually don't....

 

Yes default notices do make reference to the termination, but it should not be read that the agreement will automatically be terminated. I would strongly advise against presuming an agreement has been terminated, unless you have received formal notification to that effect.

 

You will find that most agreements that have been sold to DCA's have not been terminated. Remember CCA 1974 189 Definitions - Creditor....

 

When a debt is assigned (sold) the DCA becomes the creditor, and it is then their responsibility to provide info and documentation under s77, s78

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tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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The termination is usualy qualified by the term...........if the you do not comply with this default notice by so & so (soon to be 14 days) then the agreement will be terminated...........not may........not might...........but will ..........................It is also stiil the DCA's duty to supply the docs if they are to prove the debt as without it they cannot.

 

What we are talking about is stopping them from proccessing data

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The termination is usualy qualified by the term...........if the you do not comply with this default notice by so & so (soon to be 14 days) then the agreement will be terminated...........not may........not might...........but will ..........................It is also stiil the DCA's duty to supply the docs if they are to prove the debt as without it they cannot.

 

What we are talking about is stopping them from proccessing data

 

Sorry, I don't intend to hijack this tread, but the the DCA's powers and ability to process data is based on the fact the original agreement is not terminated.

 

If a default notice does say will be terminated, I would send a copy of it to the OFT. As they have very clear guidelines in relation to the content and form of Default Notices.

 

For example:

 

Office of Fair Trading

Matters arising during the lifetime of an agreement

Consumer Credit Act 1974

 

http://www.oft.gov.uk/NR/rdonlyres/758A497C-254B-4A23-AC96-9B97B8C978B1/0/oft020.pdf

 

Clearly states:

 

The following statement must appear immediately before the specification of the action to be taken by the trader:

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]

 

I feel very strongly that people should not assume the agreement has been terminated. You know what they say when you assume something....

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tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

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Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

 

 

What point are you now trying to make Jonchris ???

 

You have made a leap from Default notices, terminating credit agreements to unfair bank charges ?

 

The point of this thread was:

Collection Agencies search credit searches without your permission??

 

tbern123, was able to correct your assumption that a default notice means that the credit agreement is terminated. As he/she said, DCA's can process your data if the agreement is not terminated..

 

*It is not a competition to determine who knows the most...

 

Sorry Joncris, I did not intead to cause any offence by my post.

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Another point which has previously been raised..........if your default is a result in total or in part of unlawful charges then the agreement has been breached........by the creditor..........so much so that the debtor can then consider the agreement/contract as terminated

 

That's strange, I've just been communicating with someone with the same user-name as you on another thread!! Are you his doppelganger!! :D

 

No seriously, that's a very interesting hypothesis you have mentioned here but wouldn't that depend on prior judicial determination that the charges are indeed unlawful?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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What point are you now trying to make Jonchris ???

 

You have made a leap from Default notices, terminating credit agreements to unfair bank charges ?

 

The point of this thread was:

Collection Agencies search credit searches without your permission??

 

tbern123, was able to correct your assumption that a default notice means that the credit agreement is terminated. As he/she said, DCA's can process your data if the agreement is not terminated..

 

It is not a competition to determine who knows the most...

 

It is & as I have seen a number of default notices which clearly state WILL be terminated............& frankly I don't care what the OFT guidlines state...........if the creditors & the DCA's complied with the OFT guidelines then many consumers would not be having the problems they are.............As for your offensive remarks about it not being a competition..........who the hell are you to make such a comment about me........Your not a mod so I suggest you butt out

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It is & as I have seen a number of default notices which clearly state WILL be terminated............& frankly I don't care what the OFT guidlines state...........if the creditors & the DCA's complied with the OFT guidelines then many consumers would not be having the problems they are.............As for your offensive remarks about it not being a competition..........who the hell are you to make such a comment about me........Your not a mod so I suggest you butt out

 

Excuse me...

 

No offence intended, I was just making an observation. It just appeared that you took the dispute about your assumption personally. I will edit my previous post

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That's strange, I've just been communicating with someone with the same user-name as you on another thread!! Are you his doppelganger!! :D

 

No seriously, that's a very interesting hypothesis you have mentioned here but wouldn't that depend on prior judicial determination that the charges are indeed unlawful?

 

Regards, Pam

 

The argument is that they are unlawful & that is why they should not process the data & to do otherwise the creditor & it's agents would have to prove them lawful which means defending their charges in court...........we know this because members have had defaults removed on that basis & DCA's have been ordered to stop processing data.............this also applies if they default on the CCA./....they have no right to enforce the debt..........part of which is processing the data.........such as passing it to another DCA

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Excuse me...

 

No offence intended, I was just making an observation. It just appeared that you took the dispute about your assumption personally. I will edit my previous post

 

Thanks for the support Deepthroat... But I am more then capable of sticking up for myself...

 

Let's just stick to the point of this thread.

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tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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  • 1 year later...

my son-in-law and daughter looked through their credit report and noticed that sun alliance have done about sixteen checks in all between the two reports,yet they have nothing at all to do with sun alliance or ever have,can they do this legally.

joyce34

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my son-in-law and daughter looked through their credit report and noticed that sun alliance have done about sixteen checks in all between the two reports,yet they have nothing at all to do with sun alliance or ever have,can they do this legally.

joyce34

 

 

Do they have any insurance policies with More Than by any chance ?

 

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tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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