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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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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Aged Debts


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Hello Fellow Caggers

I got into debt in 2008 and with help from the CAB created a plan to repay the many creditors so much a month.

I have had a few threads on here over the years, about some particular creditors, which helped me too.

I had one CCJ which resulted in a small monthly payment which I am still paying.

I also had a charge put on my property by another creditor, which has now been paid and the Land Registry charge lifted.

 

Currently apart from the CCJ payoff,  

I am left with paying

4 credit cards,

1 debit card and

1 loan

all of which I have been paying the historic nominal sum monthly.

The CCJ was obtained by Link, who regularly send requests to increase the monthly payments which were agreed by the court!


The debit card and 2 of the credit cards have been “sold off” to DCA’s, the loan and the remaining 2 credit cards payments are still being made to the original issuers.

I receive regular statements from these issuers, but not from the debit card issuer and the sold off credit cards.

I am moving from the address that all the creditors currently have.

I still cannot afford to repay all creditors in full.

My question is:

If I advise all creditors of a change of address, do you think they will now chase for full payment?

Should I only advise the original creditors and not the DCA’s?

Should I advise Link of the change!

Should I stop paying some or all (except the CCJ)?

Would any changes show up on my credit files?

None do at the moment.

Thoughts and advice would be welcome.

Thank for reading!

t

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you MUST update everyone.

not sure why you are paying a debit card debt - i will assume you mean you have a bank account Overdraft the card was linked too.

pers id stop paying everyone bar the judgement CCA.

then await the deforestation to your new address.

and keep us updated from there on each debt.

all you've done is blindly run the statute barred date to infinity.

and been cash cowed blind as well

 

dx

 

  • 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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Thanks for your input DX.

The debit card was an Amex not attached to anything.

I will follow your advice and stop, and advise all of change of address,

I have a PO Box number at the moment for surface mail, as I have yet to move into new accommodation.

I will provide the Box number to all parties, including Link with the CCJ.

Am I correct that I have to advise the court of this change too?

Thanks again

Another question please?

Do I send change of address to the original creditors, to whom I have been paying, or the DCA’s who chase? Thanks

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Depends if the debt has been assigned and the OC is no longer connected.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Thanks Andy.

Forgive my naivety, not sure if debts have been assigned or not.

I am paying the original creditors, with the exception of Link with the CCJ.

I get statements from most of the original creditors, with the exception of the Amex charge card (sorry not debit as previously stated)and Amex credit card.

I have had recent correspondence from Amex stating that they have “Referred to External Collections Agency”.

I get offers to repay from AIC for both the Amex charge and debit cards. I am paying Amex not AIC, AIC letters reflect my payments to Amex.


I had 2 credit cards from NatWest, a Mastercard. (originally ACCESS when taken out!) and Visa.

I pay NatWest for both, but only the Mastercard is being chased by a DCA, I get monthly statements from NatWest for the visa, but not the Mastercard.

The remaining loan and credit card are both Barclays products, and they send regular statements for both, which reflect the payments.

do I send change of Address to Barclays, AIC and NatWest, and Westcot who are ”working on behalf of Cabot Financial Europe Ltd - RBS” for the NatWest Mastercard account and not Amex, even though I have been paying them?

Thanks

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the debt OWNER.

AIC/Wetcloths, dont buy debts

but the likes of CABOT do.

 

 

 

 

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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You can always check your credit file and see who the named debt owner is.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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probably defaulted and removed years and years ago..never to return.

 

looks like only bought debt is cabot.

the rest are still with the oc's?

 

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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I'm not referring to a default marker.....if Ted is making payments it should still report on the credit file.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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surely if a default notice was issued more than 6yrs ago the debt cannot now show ...??

  • 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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Share on other sites

None of the debts are showing on my credit file, they have not shown for years.

I have always paid to original creditors, never to others, so even though Amex writes “ accounts have been passed to a specialist agency who will contact you (sic) shortly regarding the options available……… to address the outstanding balances” (This was sent in 12/2021)

I should stop paying and write to Amex not AIC, who have only written to me about the credit card not the charge card since then, although they were writing to me about both accounts before the 12/2021 letter from Amex

Interestingly both the NatWest credit cards, even when they were current and being used, never were included on any of my credit files, not even when they were defaulted!

The Cabot bought account is being paid directly to the OC NatWest.

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AIC dont by debts

write to their stated client.

have you ever had any statements from anyone??

esp cabot 

3 hours ago, tedney said:

Cabot Financial Europe Ltd - RBS” for the NatWest Mastercard account

i doubt anyone will have signed agreements from when you took all this aged credit out now.

 

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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Hello again dx

Amex have not stated AIC or anyone as client they just sent a “Notice of Referral to External Collections Agency” and within the text of the notice

“This account has been passed to a specialist agency who will contact you (sic)……” No one other than AIC has contacted me about these accounts.

Two notices were sent, one for the charge card and one for the credit card. Both had balances indicated there in.

Before the notices received in 12/2021 I had correspondence from AIC about the both accounts, and after the notices I received 1 letter about the credit card from AIC, nothing about the charge card. So I am assuming that I write change of address to Amex?

No statements from Amex, Wescot/Cabot, and Link/CCJ. Only statements from NatWest Visa - monthly, and Barclays - card and loan, 1/2 yearly.

All accounts opened pre 1990 at least, Amex in 1977!

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an OC does not have a client dca, other way around 

#write to amex the debt owner.

 

as for the others

if you want to send a cca request where applicable do so.

no-one will have agreements of that age.

= no debt!

 

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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19 hours ago, dx100uk said:

surely if a default notice was issued more than 6yrs ago the debt will not now show ...??

 

Correct if a default notice was issued...not all OC issue default notices or assign debts some mark accounts with AP

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Thanks for that dx.

Does it matter that I may have requested a CCA many years ago, and perhaps received one/some back then?

Apologies, but please clarify “ an OC does not have a client DCA” I don’t understand, sorry!

Thanks Andy, but please explain “AP” ?

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AP = Payment Arrangement which can stay on file and be reported way past 6 years.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Good, all things to take into consideration with debts....you cant always presume a default notice was issued or whether its been assigned or not or whether its still showing on your credit files or not.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 1 year later...

We have just received a report from you giving an update. 

Will you post the update on the forum and not in the report so that we can all see it and help 

Thank you

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As Post #2 on this thread, I have taken action on each account.

I am still waiting for some responses.

I have been advised by most that they cannot provide the card agreements.

It has taken some providers a very long time to respond!

Natwest Visa have stated that the agreement is "unenforceable" but if they "do not receive the required payments as requested on the monthly statements" (yes they are still sending monthly payments, albeit to the wrong address!) "we (sic) may take such action as is legally permitted to pursue the outstanding debt"

Any comments and/or ideas please as to what action might be expected?

Thanks

t

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No CCA = No Pay.

NatWest is nothing more than an idle threatogram. They MAY take action (Hint: Without a CCA they will lose).


Ignore until/unless you ever get a letter of claim, then come back here.
 

  • Thanks 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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number of debts now that are unenforceable must be mounting up.

how much £PCM have you stopped paying now in total and how much total debt does that effectively wipeout till they comply (pigs might fly too!!)
 

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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Stopped paying total £67.35 pcm. on 5 debts

Still paying £21.03, on 2 debts,

1 of which is under CCJ.

Debts wiped until comply = £18,436,

this excludes debt that was subject to Charge on house.

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