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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
      • 160 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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Baines & Ernst now CCCS - many debts


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requested files from Baines and Ernst today.

i originally had a DMP with them and they confirmed that they would send me details through the post of my payments even though i ceased using them back in 2004. B&E were hesitant at first but after going through security checks and after i explained why i wanted the files they were most helpfull.:D

How kind they are...

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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Ok then just recieved this letter this morning...

 

Dear XX XXXXXXXX

Further to your communication regarding the abouve ACCOUNT.

I can confirm that we are not the originator of the Debt and are reliant on the retrieval of the information from each of the creditors.Under the credit consumer Act 1974 sections 77 and 78 it states that the credior should supply information with an appointed time(initially12 days then a further 30 days).Cabot has sought advice from trading standards who have confirmed this does not apply to us, as wewere not the "creditor" and the accounts have defaulted.

We are sympathetic to the urgency of your request but as previously stated we are reliant on the retrieval of the application from Assosiates.

Thank you for your continuing patience.

 

your sincerley

Emma robertson.

Customer relation dept

Cabot financila group.

 

What are they saying then.......!!!

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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In a nutshell. They cannot prove you owe anyone any money. They are demanding money off you. You have asked them to comply with the CCA. Its their problem not yours. Under S189 they are obliged to supply the documents whether the original creditor or not. They havent a leg to stand on. Its like someone in the street saying you owe Joe Bloggs 20 quid and he has asked me to ask you for it. Would you hand it over. No. Thats all the power Cabot have without the Executed copy of the CCA. Ignore them or if you want some fun

 

Dear Emma

 

I understand you have no copy of the executed copy of the CCA therefore please do not bother with me again until you have one.

 

PS Your company will have committed a Criminal offence on ******

 

PPS Please send me a copy of your complaints procedure

 

PPPS I am a member of CAG

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This is exactly everything on the bottom of the letter..

 

yours sincerely

 

SIGNATURE of emma

 

Emma robertson

Consumer relations department

Cabot financial (Europe) ltd

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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My original loan was with ASSOCIATES credit card and ended up with CABOT.....

So If cabot are not the "creditors" as stated in their letters then why on earth have i been paying Cabot my money for at least the last 3 years on my DMP...????

does this mean CABOT bought the account off ASSOCIATES CC but got no signed and dated CCA from them?

 

spuddly.

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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Seahorse are you saying that as Crapbot cannot produce the signed CCA they cannot enforce the debt and spuddly should not have been paying them this past 3 yrs:-o

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Do i take this letter as POSITIVE ACTION or wait until the 14 days have elapsed..

 

 

i require the following action from Cabot :

 

1. All payments made to date to Cabot for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Cabot. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably

Looking on my credit file i notice that KINS HILL NO1 actually put the DEFAULT on my file back in 02/2002 how do i get this removed.!

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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Seahorse are you saying that as Crapbot cannot produce the signed CCA they cannot enforce the debt and spuddly should not have been payng them this past 3 yrs:-o

 

I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges. However as no contractual agreement seems to exist and therefore no clauses, stipulations etc with regards to interest to be paid, default on non-payment etc. then I think you have a case cos any charges, penalties etc, although not illegal, would be construed as unlawful as there is no contract reference to go by. Also if no referrable contract exists they have no lawful right to process your data under the Data Protection Act cos they cannot prove that you have agreed to that unless the specifically wrote to you asking for that permission.

 

Thats my interpretation anyhoo. No doubt others might see it different :)

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QUOTE "I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges"...

SHIELD BLASTER.

 

I dont deny the account exists which i had with ASSOCIATES CREDIT CARD and was happy to pay them back, however until CABOT prove with a properly executed CCA then i will make NO FURTHER PAYMENTS to them

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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QUOTE "I don't see it as that. In the eyes of the law the debt still exists but it can't be enforced. And if you know you have borrowed the money then in the spirit of the law you should pay it back..cos you can bet that if it came to court the Judge would see it that if you have been paying it off for 3 years then you have acknowledged the debt so you need to repay it, it gets thrown out of court and you get dumped with court charges"... SHIELD BLASTER.

 

I dont deny the account exists which i had with ASSOCIATES CREDIT CARD and was happy to pay them back, however until CABOT prove with a properly executed CCA then i will make NO FURTHER PAYMENTS to them

Do you know if Cabot have added any charges on to the debt. If you were able to get your money back from them plus the 8% then you would be in a great position to offer the Associates a full and final settlement at a fraction of what is owed. You clear your debt, Associates get a half decent return and best of all Cabot get F all:D

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COOL:cool:

 

This account has been ongoing since 2001 on a DMP i am not sure when it actually changed to CABOT i can only trace it back to 2004, however earlier this year i did 2 credit searches on myself and KINGS HILL NO 1 was on EQUIFAX whereas CABOT is on the EXPERIAN both with the same account number...??

 

NEVER HEARD OF KINGS HILL NO 1 UNTILL I SAW IT ON MY CREDIT REPORT!!!!

I have sent a SAR request to CABOT 08/05/07 and when they send me the details then hopefully i will be able to sort out whats been paid and to whom...

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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I have sent a S.A.R - (Subject Access Request) to CABOT 08/05/07

:eek: Boy that was quick !!Cabot have cashed the £10 cheque so i assume the SAR will be with me soon. or are they just after the cash for now seeing as i told them i will not pay until i see a CCA .:rolleyes:

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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HOOOORAY!!!....... Paragon are reading there mail.... at last a response to my trading standards letter (be it all but brief).neverless its the first thing i have heard from them since sending a CCA 20/03/04 and my trading standards 04/05/07 letter telling them im not paying anymore untill i see the CCA.

it goes...

Dear MR XXXXXXXXXX

Thank you for your letter dated 4 may 2007.

I am presently investigating the comments you have raised and will forward a full response shortly.

In the meantime, i can be of any further assistance please do not hesitate to contact me.

 

yours sincerley

 

MRS CAROLINE WORTON

CUSTOMER SERVICES MANAGER

 

sounds like there excuse for replying within the 14 days i requested...:rolleyes:

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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Hi all,

well i got a letter today from CABOT on silver headed paper OOOOOHHH!!

 

Dear Mr XXXXXXXXXX

 

SUBJECT ACCESS REQUEST

 

Thank you for your letter in relation to your request for a file in relation to your personal data.

 

We are currently compiling a full file on all the data that this Company holds on you. You should recieve the full file within 40 days.

 

We reccommend that you make a similar request with the creditor who may hold information on you which we may not have.

 

we thank you for your co-operation in this matter.

 

Yours sincerley

 

 

William wellinghoff

Assistant Legal Council.

 

What to do next......!!

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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Just been reading your thread spuddly. You are in almost exactly the same position as me with regards Cabot. I received identical letters to you saying that the CCA doesn't apply to them and that they were waiting on documents from the OC before they could reply to my CCA. I sent SAR to and received the same reply you did from WW. So for now I'm gonna sit back and see what (if anything) they come up with. If they don't then I shall be letting the big guns loose :)

 

Good luck

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Cheers shieldblaster, not sure about sitting back !!

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Cabot or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

I dont associate these letters as resolving this amicably so ill be taking maters further after the time is up i set the date as

(final date before action 25/05/07)

 

I have already reported them to F O S..

also

i will sort the court proceedings out then go and watch the Pirates on the big screen as well...!!!!

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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We reccommend that you make a similar request with the creditor who may hold information on you which we may not have.

 

I only have this address from the original creditor when i opened the account

ASSOCIATES CREDIT CARD

 

THE ASSOCIATES

CARD CENTRE

PO BOX 54

SALFORD

M5 3BH

 

TEL 0161 786 4103

I have also tried the telephone number from the letter sent to me informing me of the 1999 default.

ASSOCIATES NUMBER NOT RECOGNISED..!!! .

 

They put a default on my account in ??? HOLD ON A MINUTE!!!

 

DEFAULT NOTICE ON 15/07/1999 by The ASSOCIATES

 

According to my DMP statement i was paying THE ASSOCIATES until 04/10/02

it then changed to CABOT ON 01/11/02

 

according to my recent CREDIT REPORTS FROM EXPERIAN and EQUIFAX,

KINGS HILL NO 1 WHO I NEVER EVEN HEARD OF UNTILL I DID THESE REPORTS ALSO DEFAULTED ME on 15/02/02 which is odd as CABOT did not start recieving payments untill 01/11/02:confused: .

 

1. How can KINGS HILL NO 1 default me WHEN I HAVE BEEN SENT NO LETTER OR ANY PHONE CALL FROM THEM EVER ?:x

 

2. As far as i am aware CABOT took over and did not recieve ther first payment untill 01/11/02

 

3. I thought one account can only be defaulted once within 6 years :x ?

 

 

can anyone shed any light on this fiasco....

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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I discussed with my wife and decided the best course of action is to CANCEL DMP and take full control in dealing with my creditors.

 

Fist course of action, send letters to creditors who played ball and sent correct signed agreement and see if they are willing to settle !!

 

second course of action, the ignorant ones will suffer...see you in court with my CCA that i requested back in March (should they find it!!):p

 

does anyone DISAGREE with this course of action.

 

is there a template letter asking for settlement .:-)

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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Cancelled my DMP..:D

sent letters to good creditors to settle..:D

Waiting for communicaton from BAD creditors..;)

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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Cancelled my DMP..:D

sent letters to good creditors to settle..:D

Waiting for communicaton from BAD creditors..;)

Dont hold your breath on the rogue creditors replying. They have NO paperwork only waffle and sh1t talk

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Got SAR today from cabot but still no CCA?

What next..?:confused:

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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Got S.A.R - (Subject Access Request) today from cabot but still no CCA?

What next..?:confused:

I would be extremely surprised if the SAR they sent you is valid and contains everything required

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