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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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Mercers Debt Collection


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Sorry, DW, but if Mercers and Calders are Barclaycard, as you have just stated, and most of us know anyway, why do they ring people up and say "the account has been passed to us", as though they are debt collectors? I was so bullied and frightened by constant calls from Mercers/Calders threatening doorstep calls I ended up paying them instead of my mortgage and now have a suspended repossession order on my home. Thanks a lot, Barclaycard, Mercers, Calders for wonderful advice. :rolleyes: Helpful? you are joking.

 

Needless to say, CCCS don't advise anyone, as far as I have seen, to ask for a copy of our credit agreements, and as you will also be aware, bcard seem to be trying every trick in the book to avoid sending these agreements to anyone. CCCS are of course funded by the card companies, so won't bite the hand that feeds them.

 

You may not be one of the bullies at bcard/Mercers/Calders, and some of the people I have spoken to there have been reasonable and helpful, but equally there are a number of total bullies who work for the organization who would drive people to throw themselves off the nearest bridge. When I complained about one particularly obnoxious character I was told no action would be taken because surely he shouldn't be penalised for "one mistake" in his conduct? I wonder if they were referring to "one mistake" per hour, per day, per week? How many other people did this horrible individual drive to the brink of suicide?

 

DD

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dwheeler,

 

I did take the matter up with a manager - two in fact. The horrible man I mentioned was telling me I had to pay £50 immediately by debit card or a debt collector would be banging on my door within days. I didn't have £50 to pay him at the time if I wanted to be able to feed my child, so I couldn't do it. I was crying and crying down the phone and begging him for more time and not to send someone round and he didn't give a t***.

 

Beachcomber too was driven to harm herself. She and I are actually the lucky ones now because we have found this site which is a true lifesaver, and gives us strength. What about the people out there who don't know about CAG, who are totally isolated with their debt problems, and who know that there must be other people who would be in a similar situation, but don't know how to contact them?

 

I offered reduced payments, not just the £1, and was told this wasn't acceptable.

 

I have been on this site for five months and I have seen so many postings from people who are truly at the end of their tether. I've also seen occasional postings from people who admit they could pay their debts but don't want to and are trying to see how they can get out of it. These people are either ignored, or it is made clear to them that this is not what CAG is about. If the people on this forum can so clearly work out who is genuinely in need of help and who isn't, why is it so hard for Barclaycard to do so?

 

As you say, "passed to us" is a tactic, and on CAG we know that, but how many people who are being frightened to death are aware of this? How many people are crying their eyes out every day, frightened to answer their phone, thinking that they would be better off dead rather than continue to deal with constant harassment. I didn't know about this "tactic" until I found this site. Also, most people don't know the difference between a DCA doorstep visit and a bailiff, so this adds to their terror - that someone is going to come along from barclaycard and start taking their possessions, their children's toys, everything.

 

Clearly, a vast number of people on this site having financial problems are there BECAUSE THEIR CIRCUMSTANCES CHANGED. We have mostly not been on huge spending sprees, but have used our credit cards to meet everyday bills. People here have lost jobs, suffered bereavements, have serious health problems, have children with serious health problems, and we are all trying to manage our commitments as well as we possibly can.

 

As I said, I have spoken to some perfectly reasonable and polite people at barclaycard/calders/mercers, but there are clearly others who will be punching the air with joy, shouting "Result!!", when they have managed to frighten and bully some poor person into paying more than they can reasonably afford.

 

Daniella

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Wow, dwheeler,

 

How wonderful to be so incredibly well organized in your finances. You must be incredibly well paid if the mortgage rate soaring last year, along with the price of petrol at £1.21 a litre, gas increases, electricity increases, food increases, and so on did not affect you. My mortgage came to the end of a fixed rate and doubled overnight because of the interest rate rises, but as we all know employees of banks always get special deals, so I doubt if the same happened to you. There again, if you can really afford to save 25% of your salary, maybe you live with your mum and dad and don't have any dependants?

 

One day you might have to deal with some tragedy in your life which will stop you working, or you could just be made redundant, at a time when you have dependants. A lot of people go up to their credit limit because they have NO other money with which to pay their bills. No-one would seriously use a credit card to pay their gas bill, for example, incurring interest on that amount, if they had cash with which to pay it.

 

Actually, I think some people might use the gun if it were offered - because they have been driven to it by debt collectors, and I emphasise I am not making a joke of this as you appear to be.

 

Well, I suppose at least if you lose your job for any reason you'll have those Barclays shares to sell .....

 

A number of us here don't know what we actually owe anyway, if anything, because Barclaycard won't send the agreements.

 

DD

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Hi dwheeler,

 

Here is the answer to your question - and you know that answer already.

 

I cannot do anything to the people who owe me money apart from asking them nicely for it. I do not have a facility to dial them every five minutes (or even five times a day) and harass them. I don't have a group of 500 people who can chase them up every day, and tell them to borrow the money from someone else - as Calders did to me, despite the fact that this conduct is against OFT guidelines.

 

You seem to be completely ignoring my previous post. When I, and probably most other people here, took out our credit cards we were confident that we could afford the repayments, so we haven't all been splashing the cash, or being profligate with barclaycard's money - just living. However, so many cards have increased their rates of interest from say, 5.9% to over 20+% in under two years, how can you expect people to deal with that increase? How can anyone budget with such enormous increases? Yes, it is in the small print that the card companies are able to vary the interest rate, and everything else, but most people don't actually understand how large these increases are likely to be. We are bombarded by letters offering us credit at low rates - of course a number of us are going to accept this invitation, never anticipating the huge rate increases.

 

I know a number of people - not on this site - who have no assets at all, they don't own their own home, are even living on benefits, yet they are given credit limits of up to £10,000. Is that responsible lending? The card companies have been so greedy for interest they have signed up as many people as they could, regardless of ability to pay, in order to get their mitts on the interest.

 

I don't understand why if you have been with Barclays for years, as you say, you haven't transferred to the staff-friendly rate!!!! You would be making such a saving there. Surely you aren't locked into your other lender for more than two years?

 

DD

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Did he edit out his last hysterical posts? Or was it the site team - and have you got rid of him?

 

I think he may well have worked for Barclays, and his mates may have been having a laugh too - remember all those "guests" - but of course he identified himself when he was saying what a saint he had been about the woman with the delinquent son and how he had saved the day. :rolleyes: He couldn't resist the urge (pride!!!) to tell us what a nice guy he was, and if any of the bcard bosses have read it they will know exactly who he is.

 

DD

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Absolutely, Huff&Puff,

 

I pointed out to him several hundred posts ago that so many people on this site have been made redundant, are bereaved, have health issues, or their children do, and frankly the DCAs don't give a stuff.

 

We don't know what will happen to us tomorrow - and neither does he. :)

 

DD

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Sorry, Cosalt. We should have put out an alert/link on all our other threads.:D

 

I certainly wasn't rude to dwheeler and asked him a number of perfectly valid questions which were ignored,:) and then when he was moaning that we were not answering his questions I gave him an answer and was ignored - again. :)

 

Says it all really.

 

Emma Jane: MERMAIDS have tails, not fairies. :D However, I expect your spelling qualifies you for a job at Mercers. :)

 

Mercers behaving like kind, supportive, understanding angels? Now that would be a fairytale.

 

Daniella

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AA99,

 

If your son is getting unemployment benefit he'd have to weigh up what £1 an hour would work out at and how much he would gain/lose.

 

However, I have met a number of recruitment people over the years and they have all said, without exception, that if two almost identical candidates for a job applied for one vacancy the company would always give it to the one who had taken some sort of job - any job. To use a very old-fashioned phrase of my grandmother: "It shows willing." (Translation: It shows they can organize themselves to be somewhere at a certain time and contribute something.)

 

£1 an hour is almost "slave labour" - sorry if that is a non-pc term - but any job on a cv is better than none. If, however, anyone is treated badly in a job they should leave immediately. If he liked the sound of the job - and he probably did as he applied for it - could he say he would try it for a week/fortnight to see how it went and then if he proved himself get a "considerable" payrise?

 

Just my two cents worth.

 

Daniella

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  • 1 month later...
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  • 2 months later...

Boxing Day!!!! That is absolutely outrageous. ****, as you say.

 

I used to tell my five year old not to answer the phone but I've now discovered, by accident because she did answer it one day, that they will just hang up on a child. Anyone who knows me asks for 'Mummy' and of course they say hello to her. DCAs just hang up, or say they will call back.

 

I tell her that it's obviously someone wanting to sell us something which we don't want, and she accepts that without question.

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  • 3 weeks later...

Hi Purplemoon,

 

Welcome to CAG.

 

Barclays must be getting really desperate if they are passing you over to Mercers after one missed payment - and calling you abroad.

 

It will be interesting to see what their profits are this year. There has been a lot about their debts, and they seem to be trying to scrape in everything rather more frantically than usual at the moment.

 

DD

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  • 1 month later...

And send them a letter referring to their threat of a doorstep caller and continuing:

Please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied licence under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke licence under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

As you have been given this notice, should your representative then come to my property and cause any embarrassment which results in financial loss to me you will also be liable for damages.

You don't have to talk to them. Just put the phone down. They'll go quiet eventually, but we've all been through it, and it's not nice. Actually I do talk to them, but that was only after I'd been on CAG for several months and know what to say to get them to go away.

If you want to pay this off, call CCCS and get a reference number. You don't need to follow the CCCS advice, but as soon as you quote that reference number they will back off because they will know that their actions are being monitored by someone else. CCCS may well advise you to offer just £1, and if you explain all your income and expenditure to CCCS they may also advise you that you should offer barclaycard even less than the £30 you are offering.

DD

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Hi Dizzy,

 

I doubt if they'll send anyone. I did have someone turn up once - not barclaycard, can't remember who it was - and I just handed him a copy of that statement with my address at the top and signed (not usual signature) and he went away without a word.

 

I was sooo frightened before I found CAG. I didn't know how to cope with any of it. Look at other barclaycard/mercers threads and you'll see that so many of us are dealing with them (and all the other banks too), and I promise you it does get easier.

 

Before we come here we get letters threatening God-knows-what and we are absolutely terrified. We think that phrases such as "we may instruct" mean that we are going to be taken to court next week, lose our homes, and more, and then through this forum we learn that "may" means exactly that, and they almost certainly won't be doing anything of the sort.

 

Before I found CAG I knew there had to be other people just like me, worried sick about it all, but I didn't know where to find them. Just being part of CAG will make you feel better, and as you learn more you'll feel much more confident. When I first came here and started reading my head was absolutely spinning with all the information - prescribed terms, CCA 1974, enforceable agreements, and so on. I still don't understand the finer points of a lot of things, but the great thing is that there are people who do and will help.

 

Just shout any time you need anything and I know someone will come along with advice.

 

DDxx

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Hi Dizzy,

 

oily has given you some very good advice.

 

They really will say anything on the phone to try and bully you into paying more than you can afford, and of course they won't want to put anything like that in writing. One of the women at Calders actually told me I should borrow from someone else in order to pay them and that is strictly against OFT guidelines. I didn't know that at the time of that call, but I do now and I'd report them instantly.

 

There's a telephone harassment template letter somewhere on the site and I'd include that in your letter if you haven't already sent it. They do have more than one number so if they do get through just put the phone down, or tell them that you are recording the call and logging every call they make and will be reporting them, and then hang up.

 

There was one absolute ******* who had me in floods of tears one night because he threatened to send someone round the following day if I didn't give him a debit card payment for £50 - and that was all the money I had to live on. That was before I was on CAG of course, and knew what a lying ******* he was. ****, total ****.

 

DD

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Hi Dizzy,

 

oilyrag is offline just now so I thought I'd reply.

 

Some agreements after 2006 are enforceable, but it depends on the date in 2006 and what the agreement actually says. You won't know until you see what they send in response to your request for a copy of your agreement - unless of course you are one of those brilliant people who keep a photocopy of everything you ever sign - unlike me!!

 

DD

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  • 6 months later...

Hi Dougal,

 

Wow! That's quite a letter!

 

Of course the idiots won't understand what on earth you are talking about, but at least they can't say you haven't explained it to them.

 

The only thing I would add is after the 'Dear Sir,', I always put as the next heading in bold caps:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

I know you've got it a bit further down, but I always say it before saying anything else. Just so they know where you are coming from.

 

I shall eagerly await their response. :-)

 

DDx

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Good morning, Dougal,

 

and hello old_chap, and welcome to CAG!

 

They are not allowed to embarrass you in this way and I think you should report them for harassment to everyone: OFT, FOS and the CSA (that's Credit Services Association - not Child Support Agency).

 

They cannot do anything without a court order, and if they take you to court, and it's a big if, a judge will only make you pay what you can afford. You have already offered to pay them what you can, and I assume your debt management programme has also frozen the interest.

 

Other things they will 'suggest' is that you borrow money from another source to pay them, and this is also against the guidelines.

 

Were you by any chance mis-sold PPI?

 

DD

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