Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Lowell - old Cap1 card debt - paying thru payplan not credited - Can I dispute debt amount?


Recommended Posts

Hello,

I have an old Capital One credit card debt under £1500 for which I've been paying £1 a month for 5+ years.

I did a CCA request to Lowell and received the original signed CA plus statements from date of inception to the end of 2019.

I can see from the statements that no payments were credited to the account for all of 2019.

I know payments were made as they were part of my DMP with Payplan. At the time the account was with Fredrickson. 

They have not provided any statements from 2020 to present and I am writing to them to request these.

I'm sure the balance they are pursuing is incorrect - can I dispute the debt amount based on this and render it unenforceable?

I've trawled the forums and Google searched but can't find an answer, so apologies if it's been asked before.

Any input most appreciated, thank you :-)

 

Link to post
Share on other sites

Why are you paying them anything? you are just running out the statute barred clock to infinity. Personally I'd stop paying them immediately, and ignore any further communication from them unless it's a letter of Claim.  Also have you moved since taking out the Credit card, if so you need to write to them with your current address.

  • 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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

Link to post
Share on other sites

Well back in 2019 I still had the 'fear' of these paper tigers.

I followed advice from another debt forum, requested CCA for all.

A CCA was supplied for this account, I set up token payment and put it out of my mind.

I thought that this was the correct course of action....and you know, you don't know until you know better.

I've only, in the last couple of weeks found the info on this site's forums.

I will be stopping payments and shall break-off all communication unless I receive a letter of claim.

I assume that the missing payments information would come in to play then?

They have my current address.

 

Link to post
Share on other sites

  • dx100uk changed the title to Lowell - old Cap1 card debt - paying thru payplan not credited - Can I dispute debt amount?

what are the other debts are you blindly paying like a nice compliant DCA cash cow thru PP?

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... 

Link to post
Share on other sites

4 hours ago, polishchap said:

I'm sure the balance they are pursuing is incorrect - can I dispute the debt amount based on this and render it unenforceable?

no.

thread title updated moved to cap1 forum

dx

 

  • Thanks 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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...