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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Marshall Ward And Naturally Close Catalogues


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hi all i wonder if you can help? ive sent off a request for the signed agreement from both ctalogues ,recorded delivery, on the 2nd march. i was wondering when would the 12 days be up? do you take it from when items signed for? and is it 12 normal days or 12 working days? what happens if i dont receive it by then? lots of questions i know,but id be grateful for the advice.:-|

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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well what do you know ive had a peply off shop direct today about my marshall ward account......they cant find an agreement and have returned my cheque for £1.!!!!!! this debt is now unenforceable.what should i do know?

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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ok the 12 days are up for naturally close catalogue tomorrow.theyve cashe the cheque so i know they had the letter! what should i put in the letter i send to them next? can anyone help???? i know theres a 30 day period next in default, but what can i say now? and when is the debt unenforceable?after the 30 days? any help would be greatly appreciated

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!

Link to post
Share on other sites

ive had a letter off moorcroft today saying"further to your recent correspondence,i write to confirm that we are no longer dealing on the above account"

this is good i think?! its in realtion to marshall ward catalogue.ill just have to wait and see if they contact me directly now.

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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Share on other sites

ok ive had a letter off naturally close today saying:

thank you for your letter and payment of £1.00

in relation to your request for a copy of the executed agreement under section 78 of the consumer credit act,i would refer you to regulation3(2)(b) of the consumer credit(cancellation notices and copies of documents)regulations 1983.in it you will see there is no requirement to provide a photocopy of the agreement bearing your signature;it is sufficient that we supply details of the terms and conditions to which you have agreed.we are therefore enclosing a copy of th type off credit agreement sent to you when you opened your accountin may 2006.

lol

underneath it says enc:credit agreement and terradata

can someone help with a reply letter as i know this letter is their way of saying just pay us and stop moaning!!id love to send a clever letter back

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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Share on other sites

ok ive had a letter off them again this morning making an appointment to come and see me next wednesday! ive replied to this vaguely saying that the fact of no agreement means the debt is unenforceable,that if they phone ,call at my door,or write any more letters about the debt it will be constued as harrasment.theyve been phoning me about 5-6 times a day at least! i wish theyd just go away.ive also told them that debt collectors shoulnt be handling accounts that ar in dispute.

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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hiya archer_66, i had an account passed over from littlewoods catalogue to NDR, i cant ever remember signing an agreement as i just applied online does this still count?

So will both of your debts just be wiped off now??? x

These claims are getting tougher and tougher, talk about dragging them out!!! :rolleyes:

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well theres a thing on here about digital signatures the ones you get when you apply on line.i think its in the FAQ section.well if they have no signed agreement then it means the debt is unrecoverable.they have 12 working days to provide it and it costs £1. then they have 30 days further to provide and if they dont its a criminal offence.

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!

Link to post
Share on other sites

well naturally close dont like the fact im not paying due to no credit agreement.apparently they dont need one.ive sent a letter today recorded delivery about the harrassment by phone, they phone about 3 times a day!

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!

Link to post
Share on other sites

well its 8:51pm and no debt collectors have called yet! they said 6-9pm.hopefully they got the hint as ive wrote to them twice about it!

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!

Link to post
Share on other sites

ok ive had 2 more letters today from naturally close asking for money.ive sent them 2 letters back in reply to both explaining how theyre going against CCA and the law.lets see what happens

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!

Link to post
Share on other sites

ive had a letter off naturally close(reliable collections) saying they know the debt is unenforceable with no agreement but theyre going to default me anyway! so im going to speak to trading standards on monday as theyre still asking for money as well and the 30 days are up making it criminal

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!

Link to post
Share on other sites

marshall ward has also sent me a letter today from someone called red castle recoveries(?) theyre still asking for the money when they are in default too.have asked consumer direct for advice by email .will post it when it comes

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!

Link to post
Share on other sites

whoops consumer direct have referred the enquiry to trading standards! they are to reply within 5 days

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!

Link to post
Share on other sites

hi archer,i'm also locked in battle with reliable collections(check out my thread today),they've sent me a blank photocopy of a credit as well saying the same thing.they applied the £1.00 i sent them to my account.i'm going to wait until the 28th april and then send them a letter saying that they are commiting an offence and that the debt is unenforceable and that i'm going to report them to the fsa etc.this matter seems far more intricate than going after bank charges so i'm going to read everything i can tomorrow re' our problem,i'll buzz you if i find anything.keep the faith.....conchy_joe.:evil:

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yea it is made complicated by the amount of rules they break! im waiting to hear off trading standards.they really take the mick,although so far this week i havent heard off them!

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!

Link to post
Share on other sites

cheeky devils have sent another letter asking for payment!.it will be put with the rest in the folder for the harrassment!

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!

Link to post
Share on other sites

interesting to hear what they said about coming to your door.it's just an attempt at intimidation.i'm typing up the "anti-harrassment" letter now,ready for prompt posting.it'll be interesting to see when they give up as our disputes are around the same dates.

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yea i did mine a week or so ago.they stopped calling tho!

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!

Link to post
Share on other sites

ah well spoke too soon had a phone call just off reliable collections....im not bothered let them waste their time.havent heard off trading standards but i think theyre prob under pressure lately so ill give them a bit longer

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!

Link to post
Share on other sites

lol i didnt give them a space for a tone to come thru! lol i asked "have you not got my harrassment letter,why are you phoning me? whats your name ? goodbye" pmsl!

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!

Link to post
Share on other sites

I CCA'd Marshall Ward on March 27th 2007 with £1.00 postal order enclosed. Has been signed for and banked.

 

Keep getting letters from Nationwide Debt Recovery who i might add are a dormant company and i dont think they can legally pursue for money. Sent a letter to NWD saying i have CCA'd Marshall Ward, heard no reply!

 

Yesterday i got a letter from Marshall Ward saying ' Thank you for letting me know about your financial position. I am afraid, however, that although i appreciate your circumstances, I am unable to accept your payment offer. I am therefore arranging to transfer your account to a DCA'

 

Firstly my CCA request was not a payment offer

Their letter was dated 6 April and i only got it on 24 April

I already have had letters from Nationwide Debt Recovery. They have passed it on already

And no word about my CCA request.

 

They will have committed a criminal offence on 8 May so writing to them today. Lets see what happens

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cheeky devils seem to make up allsorts of c*** to try and get you to leave them alone! i had a letter today saying the DCA are handing my account back to the catalogue.recorded delivery too!

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!

Link to post
Share on other sites

ok had a long letter off reliable collections today,havent got a scanner here goes!.

consumer credit act 1974

we have complied with our obligations under the consumer credit act 1974 to supply you with a "True Copy" of your credit agreement,which need not,by law, contain either the signature of the debtor or the date of the signature in our case.

having been provided with this "True Copy" on 21st march 2007,there is no basis for you to allege that you are exonerated from payment or that we are in breach of our obligations under the Act.

 

data protecetion 1998

we obtain consent to process our customers data at the point the account is opened NOT when the credit agreement is executed.reaspectfully,we believe you are confusing out agreement with banking agreements which,being the sole point of contact,contain all of the necessary processing consents required by law.In our case we recruit customers to the catalogue by reference to a detailed Data Protection rubric at the point of OPENING the account AND BEFORE any processing takes place or any decision is made by the company or the customer regarding credit.

this rubric is comprehensive,has been seen by the Information Commisioner,ans is standard across the mail order industry.Not only does it cover the elements of obvious processing it also alerts customers to non-obvious uses of data such as recording account transaction details and the recording of defaults with licensed credit reference agencies.

your position on lack of consent by virtue of you not having signed a credit agreement is,in our case,not tenable.you opened the account in XXX 2006.in your case we have obtained consent to process data and a copy of the data protection rubric in use at the time the account was opened can be supplied if required.

we do not accept that we have processed any personal data on this account either illegally or unlawfully.

if you choose not to make further payments,the account will default as a result of non-payment and will be reported to the relevant licensed credit reference agencies

we trust this clarifies matters and await hearing from you in due course

 

 

ok what does this mean for my case? please anyone? mods? need to know the ins and outs of what they said and if its true!?

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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