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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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
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Guidance Please Six Accounts


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Firstly thank you to everyone that provides help on these posts, it has been a great help reading through all the replies however I feel its best if I tell my story rather than try to piece my action together from other replies.

I was with a debt advisor but he was no good but I used his template to try and negotiate full and final settlements. Now his terminoligy meant I have sent letters saying 'Whilst I accept that I have incurred the liabilities' while this prove a problem if I send CCA requests?. Have declared to all I am unemployed and living in rented accomadation and if they dont agree to settlements I will go bankrupt.

I have six accounts that have been passed from one DCA to another they are;

 

Mint credit card £7,494.50. No payments made for a year. Went to Allied International Credit, RBS recalled it and is now with Newman had to send them harassment by telephone letter. They have never agrred a settlement figure.

 

Marbles credit card £5,164.21. No payments made for a year. Went to Debt litigation and recovery services and agreed a settlement of £2,250.00. Funds did not become available to pay and it is now with HFC again.

 

Barclaycard £3,792.44. No payments made for a year. Went to Mercers and agreed a settlement of £1,896.00. Funds not available now with Barclaycard.

 

Morgan Stanley credit card £5,648.06. No payments made for a year Agrred settlement of £2,842.03. Funds not available still with Morgan Stanley.

 

LLoyds TSB overdraft and loan they put together £17,345.76. No payments made for a year. Was with BLS, then Commercial collection services, now Charles howard and partners (tradind style of CCS) no agreement ever made. They offered £9,000.00 repayment I said no.

 

Lloyds TSB credit card £10,765.48. No payments made in a year. Was with BLS, then sechiari clark and mitchell, now credit security limited. They offered £8,612.38 repayment, I am yet to reply.

 

Your help and advice in how to deal with these would be great, I hope to have funds available in about six weeks to make settlements however want to play the game with CCA's and such like to squash as much as I can. Many thanks in advance for all who will post a reply and some advice.

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I don't think it will make a difference... they are still legally obliged to provide you with the paperwork in the time frame, whether you've been paying them or not.

 

Don't be in too much of a rush to settle either... there are probably loads of charges on some of these accounts... just wait for them to respond (or not) to the CCA requests and go from there.

 

The ones that have not been passed over to DCAs need a S.A.R - (Subject Access Request) from you (cost £10). Lenders have 40 days to comply with this request, which will give you details of all activity on accounts held by them, including charges that can be claimed back by you... thus reducing the debt anyway.

 

I am unable to advise on bankruptcy, but it seems a very drastic option without considering other avenues. I am sure someone else will be along later with their views on this.

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I wont go bankrupt it was just to try and speed them up. I was trying to get settlements from funds being made available by a family member but as everything in life some things just dont work out. Thanks to both of you for replying. If I CCA the DCA's and they dont comply will claiming back charges on these accounts be a form of admition to the account ?. If I understand only SAR the accounts not with DCA's ?. Thanks again.

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How old are the debts ? Are any over 6 years old and if so, have you had any contact with them within that time ?

 

The CCA request is in the template section. The first sentence reads "I do not acknowledge any debt to your company", so you should be quite safe to send it off without re-acknowledging any debt.

 

The DCAs get the CCA request and the original lender gets the S.A.R - (Subject Access Request). You may need to SAR the DCA at some point down the track, but you need them to be able to prove ownership of the debt first.

 

Debt Collection Agencies and sending a CCA is the first place to start with taking your life back. If the DCAs cannot produce the documents that you ask for, then they have no business collecting money from you and you may be able to claim it back later on... but first things first.

 

If they have purchased the debt, they need to be able to provide you with a Deed of Assignment (already in the CCA letter). Wait and see what (if anything) they can produce. Just send it and wait. Do not 'phone them up or have take any hassle from them either.... and please, please send everything by Rec. Delivery. :) The clock starts ticking from the date of signature.... 12 days before they default... one calendar month after that, it becomes a criminal offence.

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Debts are all fresh and been in contact since stopped paying. None of the DCA's have purchased the debt I know that much and the banks never inform me of who is collecting for them now. Can I stop them from processing my information so they cant pass my details to a DCA ?. Already writing the CCA's for the DCA's and the SAR's for the banks. Just for info I will send them by Special Delivery, I used to work for Royal Mail. Recorded goes with normal mail and the Postie can decide wether to peel off the sticker and just post it without collecting a signature and there is no way of tracking the item. I know special is more expensive but I feel in these matters you need a provable track. Thanks for your reply.

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I would CCA them... only costs a £1 to watch them stuff up and not produce the documents. If they cannot produce the documents, they have no business collecting from you.... only takes 12 days for them to default, so is much quicker. I am currently waiting for 2 of mine to commit a criminal offence after the default (one calendar month after the 12 day default).... oh happy days.... :)

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Thanks for the reply. Will get them all sent monday. I have never let this situation bother me, however since posting I feel like I have a team behind me. Will update on every step. Thanks again.

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