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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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Lowell/Overdales Claimform - old Cap1 Debt


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I did read a something about comma data. I believe it might have been pra group/ hsbc where comms data was challenged by the defence. A hsbc employee was bought in to give evidence …. And the judge accepted his version on the balance of probability….. which is why I was asking

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i would not be believing anything you read on the net without actually knowing the judgement CCJ number and looking up the actual judgement exists and that is what really happened and if thats true,.

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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4 hours ago, Moomoo11 said:

Oh so they invent documents ?

so for example if they invented a default notice will the courts ask them to prove it’s been served by way of proof of postage or will the courts just take their word for it?

Follow my thread here, you can see what Lowell have fabricated, I also have them bang to rights on it but that's only because I photograph all their stupid letters before I chuck them in the recycling. Have a good read.

 

 

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Posted (edited)

So defence submitted 

they asked for a unique reference and I just made something up. Is that correct? 
 

does a statement of truth need submitting too? I didn’t see this

Edited by Moomoo11
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2 hours ago, Moomoo11 said:

does a statement of truth need submitting too?

No you have submitted it on line.

We could do with some help from you.

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urm......exactly what you filed .....read it carefully...

it puts them to strict proof to prove the debt is enforceable, so thus 'holds' their claim till they coughup or not and discontinue.

you need to get readingthose threads i posted so you understand.

then you'll know whats maybe next how to react or not and whats after that.

5-10 threads a day INHO.

dont ever do anything without checking here 1st.

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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Thanx Dx

i know that’s what I sent, but what I’ve learned in the last few weeks it’s that legal manoeuvres and court processes can have all sorts of consequences and so I just wanted to know a bit more about the the process of a holding defence that’s all 

 

yes I’ve done a fair amount of reading for debt that isn’t even mine🙈

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Often with the Likes of Lowells/ Overdales that 'proof' doesn't stand up to scrutiny.  

Think about it like a game of poker, they want to intimidate you into folding and giving up as soon as possible, and just get you to pay up and roll over, that is their business model, make you think your cards are rubbish.

What they don't expect, and their business isn't set up for it, is for a defendant to find this place and to learn that they have an amazing set of cards to play. Overdales don't have an infinite number of lawyers, paralegals etc, and the time / money to spend on expensive court cases, that they are highly likely to lose, hence how hard they will try to get you to roll over.  Even to the extent of faking documents, which they need to do because the debts that they purchased were so cheap, in the first place.

Nevertheless it works in most cases, most people chicken out, when they are so close to winning, and a holding defence is like slowly showing Overdales your first card, and a marker of intention that this could get tricky for them. In fact it may be,  although by no means guaranteed that it won't even go any further than that. 

Even if it does, what they send you back will almost certainly have more holes than Swiss Cheese, and if with the help you receive here, you can identify those weaknesses and get the whole thing tossed in the bin.

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

 

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Interesting. Thanks for that London.  That’s what I’m gathering.  
 

iv no doubt they would send me fake documents but would they really dare present fake documents to a court of law?

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Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.

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

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don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim.

by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters.

they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc.

All DCA's typically :behindsofa: have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them.....

one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have.

Link are absolute masters at this so dont stick to lowell threads.

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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Posted (edited)

Just received a letter from the debt collectors in response to the defence stating how they will be proceeding but would like to resolve it and to enter into a payment.  He already called them a couple of weeks ago to tell them he is unemployed and offered a token payment which they refused.  Can’t see any point in callling them them again as he can’t afford any more than a token payment Should I just ignore it?

Edited by Moomoo11
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std letter they always send in every lowell claimform thread

.if you'd been reading up ...you'll see what to or not 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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Ok. So will ignore it 

from what I understand I now wait for the DQ. and a possible invitation from them to enter into a tomlin order.  Is that correct?

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begging letters every one of 'em.

watch mcol, see when it ever says dq's are sent out.

lowells will always send theirs early to give the appearance they are all big and powerful and intimidating.

when mcol hasnt even sent them out yet!

you need to read 10+ like threads a day here

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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Overdales sent mine out 3 weeks before MCOL did. Their business model works on people rolling over an paying in full a debt that was purchased by Lowell for 10p in the pound, which means they will try everything to intimidate, knowing that it's likely they will waste money and lose if it goes to as far as court.

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

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Thanx London 

just a heads up for anyone having issues with mcol which I see there’s a few 

when you enter you claim number and password your eyes are drawn to the red writing at the top saying that the password is incorrect but if you scroll to the bottom you will see that you are actually logged in.

You won’t see see this unless you scroll all the way down….

There will be a link to take you to the case details regardless of what the red writing says

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Lowell's issue 100s of claims a month so just to dispel this myth that they send out their copy DQ early to intimidate even before notifying the court they wish to procced its done on mass in advance.. You really dont think a chap sits at his desk waiting for the court to send them 100s of DQs drip drip :-D 

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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I reckon they issue thousands, the vast majority, easy wins, back door or undefended.  A small team of fresh out of uni paralegals probably can handle the rest, hence the slightly intimidating manner.  Not least forgetting that one hour spent , on a case chucking a letter out, copying and pasting a few documents, could easily result in someone paying up 000's. Totally worth it.

I think AI is probably slowly making things easier for the likes of Lowell also, being able to identify the right targets and what works to hook them in.

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

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