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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
      • 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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Lady H v Monument


Dotty111
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no just the SAR

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Sent CCA request 13 april got reply 24 April.

Got photo copy of reply card and terms and conditions photo copied at bad quality can't be read.

sent S.A.R - (Subject Access Request) 13 april still waitng on reply.

Has anyone a phone number or contact details I would like to chase up this request with some calls. Also MBNA required ID to be sent with S.A.R - (Subject Access Request) is monument delay tactics the same:confused: :confused: :confused: :confused:

 

ANYONE,

 

CAM.

 

I bet the reply card is not signed by a Monument (or Providian) employee, I bet its just stamped. Unfortunatly, that is not good enough for trhe CCA, if that is the case you have an improperly executed agreement, and they have unlawfully enriched themselves by applying interest and charges.

 

I'm having a bit of fun with this lot at the moment.

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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mike u actually got a stamp on urs? mine was blank! havent heard off them for a couple of weeks since i sent the last letter

i think they gave u preferential treatment giving you a stamp!!! :D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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mike u actually got a stamp on urs? mine was blank! havent heard off them for a couple of weeks since i sent the last letter

i think they gave u preferential treatment giving you a stamp!!! :D

 

lol :D

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

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no mine isnt either,its not properly executed if it isnt signed by both parties and is therefore not valid

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Hi all sorry I haven't been around for a week or so have been manic with work and sick 1 year old. Anyway nothing much has happened. I received notice from Cabot that the debt had been sold to them so I wrote pointing out everything really and not heard a thing since. Monument have promised me a substansive response to my mamoth letter to them by 10th May so only one day to go but not holding my breath. I am now going to write to them with section 85 and 10 notices and ask for consolidation of interest and PPi nothing to lose really and if it goes to court then so be it they have had more than enough warning.

 

Camuser I wouldn't bother chasing up your request, why warn them, if they default then take them to court. Monument tend to send all their letters out without telephone numbers on (Ms Worts letters don't have them on) Also I didn't have any problems with my SAR request and I didn't send ID.

 

Mike are you getting anywere with them? are you able to post what has happened (if anything)

 

Lady Hxx

Mrs H

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Dotty at the rate they work we'll proably get answers to both our letters at the same time.

Oh well I can wait as they'll only default on my CCA ;)

Be VERY careful whose advice you listen too

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  • 4 weeks later...

Well after a long delay I finally received a reply from monument. And yes it was surprise surprise a standard letter " we will continue to collect debt etc" Oh well I really thought that I was special to them. Have not heard anything else though not even from the DCA. What amazed me is that in this letter they have blatently lied by saying that they have sent me every document relating to the account ie agreemet, terms and conditions and statement of account. I have received non of them and their letters do not make reference to sendiing me these documents.

 

I also received a response from trading standards a couple of days age. It was quite a detailed response with a form of authority for me to sign so that they can contact Monument on my behalf to investigate, they have also requested copies of all correspondence between myself and monument. Its a start but I am not holding my breath. Has anyone else had any better luck from monument towers!!

Mrs H

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no dotty ive heard nothing for over a month! i told them i didnt think the agreement was executeed properly.

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Least I've had a response from a person, well it was properly signed in ink anyway.

They are addressing my complaint and will respond by June 25th.

I can hardly wait.

Be VERY careful whose advice you listen too

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  • 1 month later...

I must be really lucky (yer right)

 

sent of S.A.R. - forgot to send £10 postal order

they sent statements only - but returned within 5 days, 'most' of the charges were typed up in a nice column for me, but then there were a 'few' charges missing, so went through it with a fine toothcomb, found a couple of hundred pounds of charges, sent off the LBA (thanx CAG) then recieved a letter accepting the amount of charges but only offering £120 and no interest - I only added the 8% - is there much difference in the rates charged by the cc co's? if so, is there an easy way of working it out?

 

The other things is, they said they wouldn't be prepared to pay back any of the £12 charges - can they do that?

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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I must be really lucky (yer right)

 

sent of S.A.R. - forgot to send £10 postal order

they sent statements only - but returned within 5 days, 'most' of the charges were typed up in a nice column for me, but then there were a 'few' charges missing, so went through it with a fine toothcomb, found a couple of hundred pounds of charges, sent off the LBA (thanx CAG) then recieved a letter accepting the amount of charges but only offering £120 and no interest - I only added the 8% - is there much difference in the rates charged by the cc co's? if so, is there an easy way of working it out?

 

The other things is, they said they wouldn't be prepared to pay back any of the £12 charges - can they do that?

 

Hi Chancer,

 

Don't be fooled, they are just standard responses designed to undermine your confidence. keep all letters they send you and ensure you send all important letters to them via recorded delivery so you can establish a timeline. in the end they will pay back ALL of the charges. i would suggest starting your own thread, that way a we can keep an eye on you every step of the way!

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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I must be really lucky (yer right)

 

sent of S.A.R. - forgot to send £10 postal order

they sent statements only - but returned within 5 days, 'most' of the charges were typed up in a nice column for me, but then there were a 'few' charges missing, so went through it with a fine toothcomb, found a couple of hundred pounds of charges, sent off the LBA (thanx CAG) then recieved a letter accepting the amount of charges but only offering £120 and no interest - I only added the 8% - is there much difference in the rates charged by the cc co's? if so, is there an easy way of working it out?

 

The other things is, they said they wouldn't be prepared to pay back any of the £12 charges - can they do that?

 

You should have asked for a full dsar (as per "alanfromderby" recommendation back in november last year ...... there is thing as a "collection history display" system where they log events phone calls etc with time and date when they have presumably hassled you in the past .... you never know what might turn up.l

:cool: sunbathing in juan les pins de temps en temps

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Well after a long delay I finally received a reply from monument. And yes it was surprise surprise a standard letter " we will continue to collect debt etc" Oh well I really thought that I was special to them. Have not heard anything else though not even from the DCA. What amazed me is that in this letter they have blatently lied by saying that they have sent me every document relating to the account ie agreemet, terms and conditions and statement of account. I have received non of them and their letters do not make reference to sendiing me these documents.

 

I also received a response from trading standards a couple of days age. It was quite a detailed response with a form of authority for me to sign so that they can contact Monument on my behalf to investigate, they have also requested copies of all correspondence between myself and monument. Its a start but I am not holding my breath. Has anyone else had any better luck from monument towers!!

 

 

dotty111

 

do you know that monument has been sold to ....

 

Capital letters | ZZZ Front | Guardian Unlimited Money

 

Mystery solved over Monument card

 

I have a Monument credit card. I have just been told by Barclaycard, which runs the card, that it is being transferred next month to Raphaels Bank and CompuCredit. Who are they?

WS, London

CompuCredit is a US finance company which specialises in "trailer park credit" - lending to those with poor repayment records. In April it paid Barclays £490m for Monument's 200,000 mostly active cardholders. Monument, charging high interest rates to its mostly less creditworthy customers, was previously Providian.

Raphaels is a little-known private bank, founded in 1787 and based in Aylesbury, Bucks. It has a UK banking licence which CompuCredit can use. It has savings accounts and some niche plastic card activities.

 

 

some people have received letters notifying them ...... i am not sure how/if this change of ownership affects you

 

but just want to check everyone else knows about these change of ownership letters

:cool: sunbathing in juan les pins de temps en temps

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This is only a ' Partial Sale ' - I did have to laugh - Barclays have decided to keep the 'Good Accounts'.

 

The Sale Portfolio is being sold for a consideration which is broadly in line with

net book value and includes approximately £490 million of gross receivables,

including a tranche of accounts in collections. The Sale Portfolio represents

about 2% of Barclaycard’s loans and advances to customers as at 31st

December 2006.

 

Barclaycard will retain a proportion of the Monument portfolio, representing

approximately £130 million of receivables, which are primarily higher quality

accounts and will integrate this with the main Barclaycard branded book.

 

If I am reading that right - JUST 2% of Barclays business as at 31st Dec 2006 was worth £490 Mill !!!!!!!

  • NatWest - Settled in full 8 weeks after LBA (without interest)
  • Capital One - LBA 27th July - Offered & paid £28 - Rejected - settled
  • Monument - LBA 18th July - Offer 19th July - Refused - settled

  • WFS - 8 Point Complaint - awaiting response - Failed CCA Request - awaiting response - Awaiting S.A.R - (Subject Access Request) info

***WFS Written Off £8k 01/08/07***

 

Monument sent my info even tho i forgot to send payment!!! Thanx Monumnet

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This is only a ' Partial Sale ' - I did have to laugh - Barclays have decided to keep the 'Good Accounts'.

 

The Sale Portfolio is being sold for a consideration which is broadly in line with

net book value and includes approximately £490 million of gross receivables,[i shall comment on receivables later] so 79 % sold off by monetary value

including a tranche of accounts in collections. The Sale Portfolio represents

about 2% of Barclaycard’s loans and advances to customers as at 31st

December 2006.

 

Barclaycard will retain a proportion of the Monument portfolio, representing

approximately £130 million of receivables, which are primarily higher quality

accounts and will integrate this with the main Barclaycard branded book.

 

If I am reading that right - JUST 2% of Barclays business as at 31st Dec 2006 was worth £490 Mill !!!!!!!

yes but remember barclays issues you with a barclaycard a mastercard then a monument card (at extortionate rates & without satisfying s78 etc )

now we all know that ALL monument CREDIT CARD DEBTS ARE "UNENFORCEABLE " rapid response mailshot for an application form so they have sold some monument accounts off presumably "dirt cheap"

 

THANKS

 

ive just found the item

 

NOTE THE DATE IS APRIL 4TH 2007

 

About CompuCredit

CompuCredit Corporation is a specialty finance company and marketer of branded credit cards and related financial

services. CompuCredit provides these services to consumers who are underserved by traditional financial institutions.

Through corporate and affinity contributions focused on the underserved and un-banked communities, CompuCredit

also uses its financial resources and volunteer efforts to address the numerous challenges affecting its customers. For

more information about CompuCredit, visit http://www.CompuCredit.com.

http://www.investorrelations.barclays.co.uk/INV/A/Content/Files/Monument_040407.pdf

:cool: sunbathing in juan les pins de temps en temps

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Well just when I thought that Monument may have been getting their act together they pull another blinder. Yes the idiots at Monument towers have gone and SOLD my account to CABOT. I have today received a letter from CABOT saying that they purchased my account on 30th March 2007 and they have enclosed the deed of assignment. Very surprising as I received a letter from Monument dated 13th April 2007 acknowleding receipt of my letter as posted above confirming they were investigating and would reply to me by 10th May at latest. What are they doing. I am assuming that I am correct in that they are not allowed to take any action on an account (an unenforceable account) while a dispute is ongoing. I am going to hunt round the site as hopefully this has happened to someone else and see if I can put together an appropriate letter to them (i want to try and make it as detailed as poss as obviously they don't have a clue what they are doing) if anyone knows of any good letters hanging about the site could they point me in the right direction, Hopefully I will be back soon with a blinder of a letter.

 

 

look at the date aPRIL 4TH 2007 AND SEE HOW IT TIES IN WITH SELLING YOUR ACCOUNT TO GOOD OLD CABOT JUST BEFOR APRIL 4TH I.E 30TH MARCH 2007

:cool: sunbathing in juan les pins de temps en temps

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well just wanted to add ,on the note of unenforceanle debt,ive got trading standards to talk to monument on my behalf as they are still chasing the alleged debt with the CCA.If anything interesting happens ill keep u posted

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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  • 6 months later...

Hi all

 

Well never thought I would be back here but surprise surprise a few days ago got a debt chasing letter from my old friends CABOT. I have written back to them simply refering to previous correspondence. How long will these idiots carry on trying. I have a few accounts where it has been almost 12 months since I sent CCA requests off and got diddley squat back but now they all seem to have crawled out of the woodwork again and have started sending debt collection letters again. Has anyone else experienced this, as they stand these accounts are totally unenforceable and they know it what a pain.

 

thanx

Mrs H

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Well if they wont shut up throw this at them.

 

Formal complaint

Letter Before Action

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

May I draw you attention to my letter of XX/xx/xx in which I clearly out lined my position concerning this matter. I enclose a copy for your perusal and ease of reference.

 

**CREDITOR** has failed in my lawful request under the Consumer Credit Act 1974 section 78(1) and subsequent Statutory Instruments.

I formally advise you that since **CREDITOR** has failed to comply with the terms of the Consumer Credit Act that as from **DATE** they are in legal default on this alleged agreement. This default means that the alleged agreement from this date is totally unenforceable. **CREDITOR** may not apply any charges, cannot issue defaults, cannot sell or assign the alleged debt or cannot invoke any clause within the alleged agreement.

 

Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

As **CREDITOR** have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

The mere fact that they have passed this account to you while it is in dispute and default is also in breach of the Data Protection Act 1998.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

Be VERY careful whose advice you listen too

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