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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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advice needed,on so many debt collectors after me


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hi mate :) thanks for that.

i reported lowells, they also said that if they do commit a criminal offence i should contact them again,

 

all the dca 12+1 calender month are up now, xx

 

I would think sending you that threatening letter from hamptons would constitute them commiting yet another offence! Send a copy to TS, if you haven't already:) XX

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  • 3 weeks later...
morning everyone:)

 

today i have recieved a letter from lowells, the title reads notice of intention to issue a county court claim,

 

then reads...

 

take notice that legal proceedings are currently being propared to be sent to court for service upon you.

should you want to avoid this happening you should contact us in the next 3 days to arrange settlement of your current debt of £363.33

 

it goes on about what is a county court claim and what will happen to me.and tells me how much the court fees are and solicitors cost and interest making it a total of £476.47 that i will have to pay.

 

please can any one help me on this on what i do now, i would be so very greatful i mean this from the bottom of my heart xx

Hi Mich, Lowell are fighting me to the last too! I will be very interested to see what happens next with their reply to your letter. Chin up we will beat them eventually XXXX

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hi everyone,:)

 

today ive recieved a letter from debt manager ltd acting on behalf a catalog called vertbaudet. the debt is for £1925. 76

 

they have sent me a copy of my signed agreement.

on it has the title credit agreement regulated by the consumer credit act 1974, it has all terns and conditions on it and payments etc.

it is the credit agreement.

 

so im guessing now, it doestent matter that they failed to produce this with in the 12 + 30 days, (its been nearly 2 months)

 

i would be so very greatful if anyone out there could give me some advice, thank you so much michelle :( xxx

 

 

Hi Mich, there's gutting that they have produced the agreement! :( If you are totally 100% sure this has all the precribed terms on, then, as far as I know, you will have to pay it. You do have some choices here though. You could S.A.R Vertbaudet, claim back any unlawful fee's/charges and reduce the debt. Doing this will put the account into dispute for a while. YOu can also write to them, explain your circumstances and offer a small monthly payment (only what you can afford tho!) template letters here if you need one... http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

If you are willing, could you can scan it and I'll put it up like the last one? I think it would be of great help for other members to see a proper agreement.

Chin up :)

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Hi Mich, glad to see you are still up for fighting the enemy;)

YOu will find the SAR template you need here..

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

...it will need tweaking a bit as it's written for a bank account, if you need any help just shout. You will have to include the £10 fee (that is reclaimable, along with any unlawful charges) If you read the post underneath the letter template, Bankfodder has written some guide notes to help understand the process. Again, if you need any help, just ask. I've successfuly reclaimed bank charges 5 times, and also helped (still am) a handful of friends and family through the process, so have a fair bit of knowledge on it all:) (is that a good or bad thing? lol)

If you decide to do this you can write to the DCA and tell them that your account is in dispute with vertbaudet (and until it is resolved your account will be on hold).

 

...getting back to the agreement you recieved, is there any way you can scan it and email it to me? I would love to see it, and I'm sure a few more members would too, as long as thats ok with you. It would be brilliant to have a 'proper' agreement for perusal, and a tremendous help to the debt forums.

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I am so sorry to hear about your dad Mich, hope he makes a speedy recovery. That is so awful what has happened to him, and so typical of this day and age. When it comes down to a person not being able to protect their property or help another in need, for fear of their own safety, it's a terrible world we live in.

Family and it's wellbeing are most important and I understand your need to concentrate on that. I would do the same.

I'll be here, as will others, for support whenever you need it, feel free to email anytime too, if need be.

Best wishes to you and your dad, take care :) XX

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I see no credit limit on there . Nearest being a reference to 'over £600 ' . It says it varys, so maybe that would suffice thou ( .

I think it would too, Drexl, as catalogues do vary with their credit limits. Some give a set limit at the beginning and others (like Empire Stores for example) don't have a set limit. Their amount of credit is based on the conduct of the customers account. Vertbaudet seemed to have covered this in points 6 & 7.

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Hi Mich, sorry for not getting back to you sooner, have been a bit busy lately..kids eh!!

 

Send copies of the letters to TS, keep the originals safe.

Put in your letter that they have failed to provide you with a CA, that they are still harrassing you. Also send them a list of all calls recieved and especially the calls to your parents home. Tell them of everything, any threatening behaviour, passing on your account whilst in dispute etc

 

Kenny has a good point there, if it's possible for you to go in person I would go for it.

 

Regarding the letter you've had from CARS, had you CCA'd Vanquis before they passed on the debt? just wondering...naughty of them to pass it on if you have.....maybe time to SAR Vanquis now?:D

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hi, thanks for replying,

i phoned my local trading standards this morning,the call got divirted to consumer direct, i told the lady all about the trouble im having with lowells, she said she will get some one from trading standards to contact me, she said they are very busy at the moment and it may take up to 5 days before the contact me.

 

sue..your right i did send a letter of to vanquis asking for a copy of my credit agreement, the debt collectors they were with then were called IMPACT COLLECTION SERVICES ive just found the recorded delivery slip, but... i got a big feeling i dident put the £1 postal order in it`,

 

big thanks again for your help,michelle xx

 

Hi Mich,

It doesn't surprise me that TS are snowed under....wonder why that is?...something to do with this site maybe haha.:wink:

Naughty Vanquis, not only have they not replied to your CCA but they have passed the buck...tut tut...def include that in your complaint to TS.

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Hi Mich, so glad to see you have plenty of support, and thanks for replying to my mail:)

So sorry that TS acted the way they did, it's shameful! Like everyone else has said, don't let one persons lack of knowledge put you off. You are doing great! Hope you are feeling brighter and more positive now XX

Good luck and keep us updated.

 

Good luck also to you fairclaire:D

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Hi Mich, I don't really have any knowledge on this but I did go have a read of the site. It does seem that local councillors list general things like housing, taxes, planning, education etc as their responsibilities. Maybe a phone call or email to your county councillor to enquire just who to direct your complaint to would help? Also it does state:

Don't worry if you're not absolutely sure who to pick! Whoever you write to will be able to forward your letter to the most appropriate person if you haven't got it quite right.
:)

 

How are all your other disputes going? Heard anything yet? Did you CCA Cap1 after?

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  • 2 weeks later...

Hi Mich, so glad to hear these bullies are making you laugh now :D There's some great advice there from Monty and PO (love that idea PO!:) ) worth following.

My head's a bit sore from yesterday's Welsh meet, so I'm just tentatively getting round the threads today :-o LOL:D

 

Just shout (but not too loud;) ) if you need anything and keep up the fight!

S.A xx

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thank you all so much for your support,you guys are my inspiration and with out you here helping me, i would never have done any of this,THANK YOU!!!

 

A while ago,i come across a unfair charge lloyds had took out of my account (£35) becouse it was so little,i dident bother passing it on to the company i have sorting out my others.

i thought to myself, so what if its just £35 its mine, so used a letter of this site and requested it back,

they replyed with a letter to say that my letter had been recieved and they will get back to me within 4 weeks.

they today sent me a letter saying they have put the money back in to my account, lol it made my day!! xx

 

Well done Mich, glad you got your money back:-D Go girl!!

 

 

As for the letter from Hillesden, you could wait and see what they come up with (which will be nothing....if Citi can't supply you with a CA, then Hillesden certainly won't be able to!) or you could send the old 'I DO NOT ACKNOWLEDGE ANY DEBT reminding them of their obligations' letter.

Reporting Citi for passing on a debt whilst in dispute would normally be the way to go but with the recent (non)actions from TS I'm not sure it would make any difference atm:roll:

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Hey, Stadium Arcadium, spare a thought for those poor people working for the DCAs. From what I read on their 'come and join us' websites they are only paid commission and need to use their own cars and telephones.

 

Shame!

 

Perhaps why they can be so offensive? Mind you I am being bombarded with telephone calls from HSBC in Manila, and am having to send them a stop harassing letter. It's a pity really 'cos I just love the sweet sounding, and unmistakable Filipina accent - one girl was quite overwhelmed when I responded with a few words in Tagalog - I just hope it wasn't, er, inappropriate but it made her giggle.

 

But so polite and feminine - maybe that's why the DCAs like writing to Mich

who has managed to clock up some 16 pages on this thread.

 

As ever, keep it up Mich - it's obvious there are a lot of people out there that like you.

 

Regards as ever.

 

Van

 

Hi there Van, these days I admit to not sparing a thought for DCA's at all, other than when I'm on here or reading a letter from one. It was a completely different story up until late last year when all I would do was worry about the next threatening letter or wonder when the next DCA would force me to up my monthly payments etc. Sleepless nights and paying out more to debts than I did for the weekly shop is now a thing of the past thanks to this site and others like it. In a world where most people are out for themselves places like this are a haven. Information, help and support provided by people in the same situation. It can only make the world a better place:)

I do understand that DCA's have a job to do, it's just the way they do it I have a problem with. Hopefully as a result of this consumer uprising they will all get better training and be better informed as to how they should conduct their business. A tightening of the reins by TS and the OFT would be nice too........am I asking too much?:p

 

Sorry for the small hijack there Mich :oops:

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  • 2 weeks later...
  • 2 weeks later...

Hi Mich, they are trying to fob you off regarding the charges. Plenty of people have claimed unfair charges back, from current accounts, credit cards, catalogues, insurance companies and mortgages. All of them refuse point blank at the first instance and insist that they are fair and cover their so called costs.

we feel the charges are a reasonable pre-estimate of the additional costs incurred be verbaudet in handling your failure to comply with the terms and conditions relating payment.

this is very similar to the banks' reply regarding their charges. Thousands of people have successfully reclaimed their charges back, whether they've been £12 or £30.

 

the charges represent postage and stationary costs,the cost of employing staff, the maintaining of premises and it systems in order to handle the default of the customer.

Apart from having to send you an extra letter, their staffing and maintanance costs would be included in the normal day to day running of their business anyway!!:rolleyes:

 

Compile a list of all the charges, add it up and see what it comes to. It could significantly reduce the debt.

 

please find inclosed a complete set of your statements to cover the trading period of your account from 22 march 2004 - 27 january 2007

Is this correct? Just want to make sure they have given you ALL your information during the correct period of time.

 

You CAN deduct the charges, by going through a court claim like the banks, they just don't want you to;)

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The interest is only added when the claim gets to the court stage, so don't worry about that for now.

 

I have just been looking through your thread again, to try and establish whether you recieved a proper credit agreement from Vertbaudet (cos I can't remember lol) didn't realise how big your thread had got!:o :D

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