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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
      • 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
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1st Credit


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Dear Sirs

 

AFTER INDEPTH INVESTIGATION INTO YOUR LEGAL THREATS REGARDING THE ACCOUNT, WHICH IS IN SERIOUS DISPUTE, I NOW WOULD RESPECTFULLY URGE YOU TO BOG OFF. I SAY THIS IN GOOD FAITH AND WITH THE VERY BEST INTENTIONS TO YOUR ORGANISATION'S WELL BEING. ALL FURTHER THREATS WILL BE RESPONDED TO WITH THE SAME SUGGESTION FOR YOU TO BOG OFF UNTIL EITHER I DIE OF OLD AGE OR YOUR ORGANISATION IS TAKEN OUT OF THE EQUASION DUE TO YOUR ACTIVIES BY OFT ETC.

 

PS. HAVE YOU HEARD ABOUT WHAT OFT HAVE THREATENED IST CRUDITE WITH?

 

50 k A GO SEEMS A LOT TO FORK OUT FOR BEING SILLY AND BREACHING REGULATIONS DOESN'T IT? ARE YOU EAGER FOR SOME OF THE SAME?

 

------

 

Will that do?

 

:)

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What if we send the DCAs a letter stating that they owe us say £1 million and keep sending them theatening letters if they refuse to pay. :rolleyes::rolleyes:

 

Great idea :lol:

 

I bet some of them would be stoopid enough to pay, I wish :rolleyes:

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I also reckon we all need to be telling the crudites that they are gambling on 50 thousand quid per threat now that OFT have warning them about threatening legal action etc without proper docs ....

 

imagine that adding up from posters on this ite alone.

 

It could help to finish them

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yes. Ive just had another of 1st Credits threatening phone calls this morning, Ive just replied along the lines of it seems the recent OFT ruling of February this year has had little effect and that if they continue these methods i shall be passing the details on to the OFT.

Ive asked them in writing soooooooo many times to stop calling me at work and to correspond by letter to discuss an affordable payment plan, but they never do. Ive lost interest with all their constant threats.

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yes. Ive just had another of 1st Credits threatening phone calls this morning, Ive just replied along the lines of it seems the recent OFT ruling of February this year has had little effect and that if they continue these methods i shall be passing the details on to the OFT.

Ive asked them in writing soooooooo many times to stop calling me at work and to correspond by letter to discuss an affordable payment plan, but they never do. Ive lost interest with all their constant threats.

 

Send them a formal complaint which then gives them 8 weeks to reply to your satisfaction or you can then complain to the FOS who may charge them for any investigation into your complaint.

 

Report them to TS, the OFT and your MP and send them this letter:

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

 

Amend to siut, include ALL telephone numbers, add a bit about them breaching OFT guidlines by calling you at work, send recorded and keep a copy with your postal receipt. DO NOT sign, print your name.

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I did threaten them with action last year regarding the phone calls, i never heard a thing (no letters even) from 1st Credit for 6mths until this morning after that.

I've never really understood all this 'do not sign, print your name' stuff, what does it do?

 

It stops unscrupilous DCAs lifting your signature ;)

 

Not that I'm suggesting 1st crud would do that though .

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"BB 12 - DCAs/banks and solicitors 0."

 

-----------

 

Whats the detailed score of this lot BB?

 

 

Do you mean the cretins are gone for good or that you have just put 'em on hold?

 

 

I want some of that action myself!

 

 

 

 

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"BB 12 - DCAs/banks and solicitors 0."

 

-----------

 

Whats the detailed score of this lot BB?

 

 

Do you mean the cretins are gone for good or that you have just put 'em on hold?

 

 

I want some of that action myself!

 

 

 

 

 

I went BR 'cos they were presurising me and saying if I couldn't service the alleged account I could'nt afford to go BR.

 

A charity for an organanisation helped me with the BR and hey I'm debt free.

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I did threaten them with action last year regarding the phone calls, i never heard a thing (no letters even) from 1st Credit for 6mths until this morning after that.

I've never really understood all this 'do not sign, print your name' stuff, what does it do?

 

Far be it for me to say they would...but its possible they could lift your sig and stick it on a "agreement" ARgghh:)

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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BR?

 

Lost here?

 

 

I was thinking you meant you had taken 12 DCAs etc on yourself and won over the CCA stuff - or have I got it wrong BB?

 

I fought them off as long and hard as I could but my only option was to go bankrupt. They bullied me so much when I was starting my degree :mad:

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Ok BB thanks I see.

 

What I am after is a littel inspiration from anyone who has followed the CCA path and actually beaten them for good.

 

My ony claim to fame so far is making crudite solutions close an alleged debt and d=send it back to the OC. Now the OC has , as I previously mentioned, giveN it to another DCA. This puts that one in double dispute.

 

Neverthelass, I digress. The worse cudite case is the one mostly on my mind as they have been threatening me for over a year. If they really wanted cash off me all they have to do is give me a proper CCA doc. They STILL claim to have one based on the scan of some smudged sheet with my name on (and account numbers blacked out) but you guys tell me that aint good enough.This feels like a bluff. Could this be so, remembering that they have been playing this game for over 1 year? If I am sure its all a big bluff then I will feel much more confident and be able to take this ongoing mental abuse much better.

 

Facts are that for over year Fist Creedo have threatened me with legal action many times.

 

Asked for my signature – which I will not give them coz accoding to you guys they have no right to asks when they are already sending private stuff to me.

 

Sent solicitors letters from their in-house firm threatening me

 

Stated that the alleged debt must be real as I made initial token payments – which were given in good faith/under pressure when I though it may be a true debt.

 

Made many abusive phone calls to me, which stopped after I threatened them.

 

Have only given me a badly scanned copy of some bank form with my name on

 

Disappeared for several months only to come back with a barrage of new similar legal threats.

 

Their last letter seems weaker and more to the effect of – ‘well you paid us payments so there must be a real one’ – sorta thing with more threats about THEIR options to CCJ me and that they had an agreement in their procession to get me with.

 

I just say to them – ‘ok that’s great but show me this CCA agreement ‘ and it never arrives.The quid payments are their's for the taking if they comply and I woud tell it to a judge if needs be.

 

 

If this was me I would show the agreement so that I could get paid but they just keep on with the abuse. Who employs them – The Spanish Inquisition?

 

It gets tedious.

 

 

This all seems to be a very good case for OFT to fine then 50 grand for, according to the rules in the action against worse credo.

 

May be someone needs to organise a petition against their UNACCEPTABLE AND ABUSIVE actions?

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Report them TS and the OFT via consumer direct. Make sure they report them to reigate TS as well. Ask your MP for help as a letter from the house of commons usually gets somene moving ;)

 

If they continue to issue you wit legal threats send them an LBA :)

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Thanks BB, have alreedy reported them to some. I had to sign a form so that they could use the info against them.

 

Will keep you posted on this lot

 

The lawpack link above seems to be more about suing banks just for charges or am I missing something?

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I now have complaints against 1st crude to FOS and also OFT

 

OFT seem to want test cases, subsequent to their slam against the crudites and this may be the first step in seeing this dispicable DCA get closed down.

 

If my small efforts helps to get rid of them then that is swell by me.

 

It all makes me feel much better too.

 

:)

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It stops unscrupilous DCAs lifting your signature ;)

 

Not that I'm suggesting 1st crud would do that though .

 

ah that had crossed my mind in the past..

Im about to CCA them, the signature i would have used to sign any genuine credit agreement with was different to anything i might've signed recently, so at least ill know if they're faking one.

(just had another call from them! as soon as i asked him if he had read my previous letter about not being able to take calls at work and to communicate in writing, he started the usual "you are deliberately unco-operative" blah blah.. i was trying to tell him, as ive said everytime, put it in writing and I always reply! (I want a full record of any correspondence which i cant have over the phone).

He refused to answer if he'd read my previous letter and asking for my dob, to which i replied if youve read the previous letter you wouldnt be asking.. he then just hung up.

Ill get another one exactly the same tomorrow morning im sure.. I just keep logging everything for my own records which i will forward on to the relevent agency with a complaint of harassment.

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they only call my mobile, and only during 9-5 when im at work (there was a period when they kept writing to me at work!!! they had my home address yet kept mailing me at work where secretaries often open the mail!!

tbh though as soon as it rings (in fact its due to ring any time soon) and they ask for my dob i now just ref them to the previous letter stating not to call during working hours. They say im being unco-operative blah blah blah.. make a few threats (even though theyve not confimed who theyre speaking to) and they hang up..

I'm CCA ing them today. time to bring this to a close and pass it on to a solicitor as someone mentioned earlier.

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