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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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HFO services and Cabot finance


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Abolutely, you can sort this lot out. You really need to take a step back and read as much as you can, and most importantly, read the FAQ's as your first step.

 

You'll find in there various template letters to use, but you shouldn't rush in straight away. Take time to absorb the info and get things clear in your head.

 

As regards HFO, you'll find a letter to adapt and send HERE. Hopefully this will stop them carrying on their harrasment by phone, but if not, let us know in your thread, and someone will be sure to offer further advice.

 

Cabot next- particularly easy this should be, as it is obvious there is no debt there to collect. First thing you should do is send a CCA as per the template provided. This will dispute the debt, and buy you time to learn more about how this lot work (Just do a search for Cabot, but be prepered for a lot of reading). They should supply your original agreement in reply to this letter within 12 working days, but probably won't. If they don't, they must apply to a court to allow them to enforce the debt, and if I was you, I'd let them try. You could then point out to the court that you are being harrassed for a debt that you don't owe, Cabot will look stupid when you produce paperwork showing you cleared the finance, and that should be that. It is unlikely though that they will go down that route, but you never know. Also, once a further 40 days have passed with no agreement forethcoming, they will have committed a criminal act. More about that later when/if it comes to it.

 

Just keep posting as you go. There are plenty of folks here are members of tBern's Cabot fan club, and all will be more than willing to help.

 

One last warning though. Cabot Financial (Europe) Limited is not the same company as Kings Hill (No1) Limited who bought your debt, and KH changed their name last month to Cabot Financial (UK) Limited. I know, confusing innit. I'm hoping to uncover something in the morning related to that so maybe I'll have a bit of news then.

 

Good Luck,

 

Seahorse

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You don't have to tell them anything, except to go and copulate with themselves. And if they don't stop harrassing you, you'll report them to the police for CRIMINAL harrassment. Get individual names if you can, and have a moan at plod. They are seriously breaking the law.

 

Oh, and tell them you'll be recording every call from now on. (Even if you don't). And keep a diary with dates and times as evidence.

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What you need to do is get a letter off to them demanding that they stop calling. You are under no obligation whatsoever to tel them anything. It is NOT your debt, they have NO RIGHT to be phoning you in this criminal fashion.

 

Start a thread of your own in the general debt forum so that we can help if they don't back off. And as this doesn't relate to a debt of your own, here's a letter that you might like to send. Keep a diary of all calls with date, time and name of caller if possible, so if they do continue, you have evidence to report them. (The address below is the one they have registered for their data controller. It might be worth copying the letter to their managing director too.)

 

Data Controller

HFO SERVICES LIMITED

4 CARLTON GARDENS

LONDON

SW1Y 5AA

 

Dear Sir/Madam,

 

I require you to remove all reference to my address and telephone numbers from your system immediately. Your company is continually making threatening and abusive calls to the numbers above in pursuit of a debt which they are well aware is not mine.

 

This constitutes criminal harrassment, as I have on several occasions explained that the person they are seeking does not live at this address, nor is he contactable by telephone at this address.

 

Please write to tell me that you have complied with my request. If you fail to do so, or the telephone calls persist, I shall have no option other than to seek to escalate the matter to the Information Commissioner's Office for your breach of the Data Protection Act, as you have no right to hold my personal information whatsoever. For the avoidance of doubt, the person you are chasing for a debt has no financial association with the address or telephone numbers that you are using.

 

I shall also report this matter to the Office of Fair Trading, as your company is acting in an appalling manner, and I have grave concerns regarding your company's fitness to hold a license. I also believe that I would have cause to report these activities to Trading Standards, and the Financial Ombudsman Service, as well as the Financial Services Authority.

 

No further warning will be given. In simple terms, either the harrassment stops, or I will report your company. And if those measure have no effect, I will seek redress through the courts.

 

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Have you seen their website? They sound really professional and ethical on there. HAHAHAHAHA

 

I've been trying to find employees profiles on MySpace and Bebo to put in my blog, but all I can find are EX employees. I guess they have a bit of a staff turnover problem. :D

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You've hit the nail on the head, Gem. There ARE ethical companies out there doing a job that, sadly, needs to be done. Unfortunately, it's the likes of HFO and their cronies that are dragging the whole industry down into the mire with them.

 

There is a perfect opportunity for the CSA and other self regulatory bodies to take a firm hand and weed out the unscrupulous. But that's never going to happen so long as the industry perceives people like us as "vigilante debtors".

 

Come on guys, lenders and debtors alike. Start thinking outside the box, and then perhaps we can all start to live in harmony.

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Unfortuneately your plan would not work Seahorse as the handsets of DCAs do not pick up any conversation unless the Magic words OK I'll pay are issued. The threatomatic is cleverly designed to edit out such words as UNENFORCEABLE, STATUTE BARRED, NO CCA NO PAY, and CAG not to mention the other well known words like Feck Off and Barstewards

 

Unfortunately, my edited out advice contained elements of loud whistles and a 3 second warning. On reflection, not perhaps the best advice I have ever considered, hence the removal of said incitement to injure.

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