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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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.

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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Baines & Ernst now CCCS - many debts

spuddly

By spuddly
in Debt Management Plan Companies

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MoonHawk

MoonHawk

Posted
Posted

They can put details on if you owe money, there does not need to be a CCA for that to be proved. Rememebr no CCA means the debt is not enforeceable, it does not make the debt go away. It still can be proven you owe money.

 

However, I do not believe they can record a default without proving the payment agreements in the contract.

 

Data Protection Technical Guidance (by Information Commissioners Office)

Filing defaults with credit reference agencies

Accuracy of a lender’s default records

39 Records

 

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

Write to them and quote the above and ask them to supply to you the section of a signed contract that outlines when you were in default.

 

Best Wishes

Moonhawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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ODC

ODC

Posted
Posted

Where do they get the idea that they do not have to supply an executed CCA. They are demanding money so therfore they would need a CCA to prove a debt. Any company with a bit of sense (That obviously rule Crapbot out) would have proof of a debt before they mention Court Cases and CCJs.

 

Just another standard 2 pages of bulls droppings which when analysed basically admits they are up sh!t creek without a paddle. They have and unenforcable debt and they know it and we all know it now.

 

Time to move on to some other sucker Crapbot

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spuddly

spuddly

Posted
  • Author
Posted

etcetcetcpt2.jpg

 

there wont be any credit agreement cant they see this...!!! I have already shown them the letter on here??

If I have had a letter from citicards about this account then cabot would have also ??

I need to do something about this and soon .

Please CAGER's any advice would be helpfull at this time as i think they are being... unhelpfull .

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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MoonHawk

MoonHawk

Posted
Posted

From CRA Guidelines by Information Commissioners Office

 

Data Protection Technical Guidance

Filing defaults with credit reference agencies

 

39 Records

 

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

Tell them that saying they are owners of the account is not sufficient. Data Protection Act requires that the data be accurate, and according to the Information Commissioners Office'S guidelines (quote the above) they need to show you

1) the clause in an agreement signed by you which you have defaulted.

2) Proof that a default notice was sent. Copy of it is not sufficient, you require proof of postage.

 

Give them a deadline and give them notice under the DPA to amend the data unless they meet the deadline in providing the info. Then go to the ICO.

 

Best Wishes

MoonHawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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MoonHawk

MoonHawk

Posted
Posted

LMAO @ huffy.

 

May be so Seahorse, but asking them that information and giving them notice, allows you to report them to the ICO. Without that step ICO will not look at the complaint.

 

If you say there was no dafault notice and you have no agreement to know how you defaulted, the onus is now on them to prove otherwise to the ICO.

 

Best Wishes

Moonhawk

I think it would be a good idea.

Mahatma Gandhi when asked what he thought of Western civilization

 

Advice & opinions of MoonHawk are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

Lloyds TSB - Unlawful charges - Settled £8,807.68

Motor Help UK - Misrepesentation Act - Settled £111.25 (Thread Here)

Next Directory court action without a CCA for £605 - Settled & account closed (Thread Here)

CABOT - Can not produce CCA and refusing to accept it - In progress

Aktiv Kapital - Can not produce CCA and also refusing to accept it - In progress

Barclaycard - Can not produce CCA for an account of £2,000. After a long fight used CPR - Settled

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elizabeth1

elizabeth1

Posted
Posted
And as we all know Cabot wing it to the Courts and then collapse. Legal action is the only action these muppets understand

 

Seems this company really has trouble understanding what they are doing?

They really have been winging it for so long that they just have difficulty coming to terms with the fact that we consumers ALSO HAVE RIGHTS!!!

 

They need to forget the stroppy "huffy" stuff and start abiding by the laws - like the rest of us have to. It doesn't matter how "huffy" these people get - they are changing nothing - they need to use their energies a little more positively and be more constructive.

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spuddly

spuddly

Posted
  • Author
Posted

why oh why dont cabot mention citicards in any of thier letters !!!

are they contacting the same company as me ?

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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  • 2 weeks later...
spuddly

spuddly

Posted
  • Author
Posted

just found this on my credit report what about all the 'D' s Cabot must be mad with me?

 

defaultpaint.jpg

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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tomterm8

tomterm8

Posted
Posted

Ohh... can I suggest that you do a full S.A.R - (Subject Access Request) of the credit agency records, expressly including all data held (not just the content of the credit file) including statements of opinions and include a £10 postal order.

 

They apear to be commiting several breaches of the Data Protection Act, since they expressly state that you defaulted the agreement within 15 days of opening it:)

 

Lyin' beggars:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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elizabeth1

elizabeth1

Posted
Posted
I'm very confused. There's a payment start date AND a default date of 15th Feb 2002. So what does the start date of 14th April 2004refer to?

 

And why doesn't the payment details below reflect all that?

 

 

I am just guessing BUT...

 

Does it look like they'd set up a repayment account for you with the Apr 2004 date? and somewhere amongst your SAR there maybe is a schedule of repayments and the interest they are adding at the 12% etc..

 

Is that what you are seeing?

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spuddly

spuddly

Posted
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Posted

be my guest and good luck :)

please tip my scales if I have helped you in any way:D

  • Haha 1

CITIFINANCIAL

http://www.consumeractiongroup.co.uk/forum/general-debt/85300-citifinancial-unable-find-my.html

:D :D ###WON###:D :D

 

## natsy westy result £250:p

## Halifax overdraft settled ##

## Halifax loan settled ##

## chatham settled ##

## paragon suite closed##

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tomterm8

tomterm8

Posted
Posted
I'm very confused. There's a payment start date AND a default date of 15th Feb 2002. So what does the start date of 14th April 2004refer to?

 

And why doesn't the payment details below reflect all that?

 

i would have thought 14th april refers to the day cabot took over the debt.

 

they have defaulted you from the first day of the agreement, which is wrong.

 

That's just my guess , however.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • dx100uk changed the title to Baines & Ernst now CCCS - many debts
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