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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.

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      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
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    • 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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Me vs Littlewoods Catalogue


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No updates as of yet

 

complaint was posted to ICO and final letter to Littlewoods.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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No updates as of yet

 

complaint was posted to Information Commissioners Office and final letter to Littlewoods.

Kenny its hard to believe this is still ongoing. None of their threats seem to have got them anywhere

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actually YES I DID! lol

 

thought that was funny.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Guest Battleaxe

The simplest way to deal with the catalogue companies, is to write directly to the Company Secretary, asking for a true copy of an executed agreement to be supplied. Put plainly they can't supply. You then inform the ICO. if any adverse information has been recorded against your name on the CRA's files, the ICO then takes action. You must supply this evidence to the ICO.

 

You debt will still stand with the company concerned, but they can't enforce, your credit file will entry will be deleted, and it is up to your conscience what you do from there. I did this with several companies and now, I make my payments without a threat if a payment is late and they removed all the charges from my account, as this is what started the rot off with them.

 

You can spend you life going around in circles with them and getting no-where, so sometimes it is straight to the top to sort the lot out.

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Guest Battleaxe

Ring Littlewoods registered office and ask for the company secretaries name ,or send the letter addressed to the Company Secretary at Littlewoods registered office.

 

I don't have his name as I have not had to deal with Littlewoods. If littlewoods is part of a larger conglomerate it will be the same comapnay sectratry for the lot.

 

Make sure you send the letter recorded delivery.

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  • 2 weeks later...

UPDATE

 

After ordering and getting a new copy of my credit File they DID PLACE a default on my file back in April and have not passed it to their "International Collections Group"

 

The ICO have asked for my credit file, so i faxed that off this morning after speaking to a very nice lady on the phone.

 

 

BUT! i had some fun, i also phoned the number i had on my credit file for "International Collections" gladly gave my name, address etc.

 

Heres the convo

 

 

KPR - Can you tell me if you are affiliated with Littlewoods

 

Them - Yes we are collections

 

KRP - theres nothing to collect on

 

Them - Yes there is

 

KPR - No there isnt, ive already had a letter saying the account is unenforceable

 

Them - ok well in that case we need to record the information legally to show how the account was conducted

 

KRP - You have no written consent, no proof i ever gave my consent, and in addition to that, the default you placed on my credit file was placed whilst the debt was in dispute, therefore is illegal and against OFT Guidelines

 

Them - Hang on ill i read notes....... Oh ok i can see my manager will have to deal with this, can you phone you back?

 

KPR - Sure he can although i think we both know he wont phone me.

 

Them - mmm goodbye.

 

 

 

 

 

So, see what happens next, if i get no joy i WILL take them to court for compensation.

 

 

Thoughts/Ideas/Suggestions.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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I think KPR you have them by the goolies. Yet again a DCA gets away with recording illegal information on your Credit File. Yet if you contact a CRA they take the word of the DCA as gospel. I think its high time the CRAs were taken on by the ICO and the DPR about holding unproven and unlawful information. What happens when you ring up a DCA to argue your case. They immediatly stick a default on your file even though they have no CCA or any proof that a debt legally exists. How many of us have had some spotty kid in a DCA threaten to totally f*** up our life by placing DEFAULTS with all the CRAs. Yet if we try to have them removed its up to us to prove the CRA is wrong when in actual fact THEY should PROVE all their information is ACCURATE and not just placed there by some monkey in a DCA who's monthly bonus you have ruined because you didnt respond to their threats. The system is wrong

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well they phoned back saying that although there is no credit agreement and therefore cannot ENFORCE the debt, doesnt mean they cannot process the data because they quoted me "consent for data does not have to be written and was given when the account was opened" ive asked for proof i opened an account and they say the account was opened when i was 8 years old, i told them i was 8 years old and they say "you were transferred off another account"

 

so they are giving me the run around.

 

what now, refuse to have anymore phone conversations and leave it to OFT?

 

 

they wouldnt believe that they couldnt enter a default i even quoted them the following paragraph.

 

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existant Agreement.

they said they CAN LEGALLY ENTER THIS INFORMATION!

  • Haha 1

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existant Agreement.

 

 

 

The CCA must not apply to each DCA my alleged accounts bounce around with then:rolleyes:

 

As I said before its high time the CRAs were made to stand over the information they hold on us all on their computers. Surely they would need SOME PROOF from a DCA that the debt exists befor placing Data on a Credit Reference File or are they Above the law. They make good bedfellows with the DCAs.:evil:

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PS - although she said she was certain they could enter a default, she was going to check with her manager and phone me back.

 

now i know why i was transferred off someones book, my neighbour was my agent, i fell behind with payments, and littlewoods gave me my own account number and transferred me to my own file when i moved house.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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im not dealing with a DCA here though, but the original creditor - Littlewoods.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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"consent for data does not have to be written and was given when the account was opened" ive asked for proof i opened an account and they say the account was opened when i was 8 years old, i told them i was 8 years old and they say "you were transferred off another account"

!

8 yrs of age you are below the age of criminal responsibility yet you can order stuff from a catalogue. Funny rules they have.

 

Personally I think they are talking fluent SH1T

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does anyone know if they were right in what they were saying? about consent not having to be written? even if that is the case, they should remove the default as its unfounded, if they removed the default, and had teh account as "settled" that would even be ok, but do they, in the absence of a signed credit agreement, have the right to have anything on my credit file?

 

apart from the complaint ive made to the ICO - im not sure what else i can say to them on the phone!

 

when she phones back im simply going to quote the above paragraph and not get off point, ask her how she can put the default on my file when there is no agreement!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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the point is they can argue that my neighbour should have never added me as a client if i was 8

 

fact remains, a default can only be placed if there is a valid agreement, there isnt so there shouldnt be a default!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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The term consent is not defined for the purposes of The Data Protection Act.

 

However, the ICO have given guidelines on this subject.

 

Where consent needs to be sought the data subject should be left in no doubt that they are giving their consent - consent should be specific and informed. It can not be inferred from non-response to a request or communication between a data controller and an individual, nor can consent be given under duress or on the basis of misleading information to be deemed valid. Even where consent has previously been given, the data controller can not assume that this will endure forever, and individuals must be allowed to withdraw consent at any time after it is provided.

 

In many cases the data controller may not need to provide individuals with too much detail in order to ensure that he or she is informed (e.g. when providing address details for a newspaper delivery). In others nothing less than clear written consent will be required. Here the individual will need to be fully informed of the details of the purpose for which the information is collected, the length of time it will be retained and any third parties to which the information will be disclosed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Kenny, Rory has supplied a nice new quote from the ICO for you to repeat to them now, if they ring again:)

I must admit, I am quite shocked that they gave credit to an 8 yr old!!:o My daughter is that age and in no way responsible enough or even earning her own money (apart from pocket money) Were they aware of your age at the time?

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i was on an agents book who opened their account in 1990, thats where the confusion is.

 

@ Rory

 

So i can tell them on the phone that i withdraw my consent (like i did in letters) for them to process my data and as they have nothing written from me they cant protest against that?

 

trying to sum that up in a sentance or 2 to quote them on the phone, they cant handle too many words!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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ok they have phoned back and issued their final statement on the matter that they can legally enter the default to reflect how the account was used and they are refusing to take it off, and if i wish to go to court that it my decision.

 

 

What now?

 

will the ICO get this information taken off?

 

im stuck on what to do now.

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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