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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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.

      Please can you advise what I need to do today to get this done. 
       

      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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Spiritgirl -v- Various DCAs


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... Good luck with yours by the way - if you can get shut of £60k that will be fantastic!

Spiritgirl ;)

 

Heh, I just DID:grin:, purely with CCA's and a couple of SAR's. I also threatened to report a couple of lenders who had clearly breached Anti Money Laundering law by destroying records ( a nuclear option if used properly:cool:). Sorry the wording of my last post was not very clear. Out of £75k of unsecured debt I am only having a problem with a £3,500 old car loan I had with Black Horse:-x.

"Why CCJ when you can CCA!"

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Guys, another of the 11 have written back to me today stating that "as I am unable to provide you with a copy agreement at the date the card agreement was made and a copy of the current terms of the card agreement, as an exceptional matter and in line with the Consumer Credit Act requirements the current balance of £XXXX has been discharged and is no longer obligatory"

 

 

This was a substantial amount of money too!!! I am so chuffed about this, I can't put into words!

and so .... if these guys can do that, and admit they can't provide a "proper" agreement with the terms they mention, it bodes well for the future doesn't it?, as it still seems up to now that I only have ONE proper agreement out of the 11 requested (that of A&L) in my possession!

 

Vampyra you are right - the others are still "application forms" which mention the Consumer Credit Act - not the same thing at all, right?

 

Oh this is WONDERFUL news I'm so pleased for you! :D

 

I am so looking forward to getting some replies with mine. :lol:

 

Well done to everyone getting such good news!

 

And no an application form isn't a signed credit agreement!

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Hi payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

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 payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

 

No problem. PM the details and we will sort it out and copy back to the forum, without personal info.

"Why CCJ when you can CCA!"

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Hi payingonlyencouragesthem

 

Any chance of letting me know how you used the Anti Money Laundering Law to reduce your debt. It would be of great interest to me as I may want to use it.

 

Thanks......Rory

 

It's not the holy grail but it does frighten them into giving up if they keep on chasing you when they can't produce an agreement. Basically bank account and credit card account applications have, by law, to be kept for a period of six years after the closure of the account (not just six years after opening the account, as DCA's sometimes maintain). Breaking this law is much more serious than a CCA or SAR default as it could get someone hauled off to the pokey.

"Why CCJ when you can CCA!"

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Thanks for that. Very useful piece of info which I'm sure most people (even some who work for financial institutions) are not aware of.

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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Yes as the file says AML is embedded in several laws. As I work in a financial institution I know the six year rule because I have to abide by it but I'm not sure which of the Acts covers it specifically.

 

Hello payingonlyencouragesthem, thats a useful bit of info,is this the law you mentioned

 

http://www.hm-treasury.gov.uk/media/112/23/money_laundering.pdf

 

 

Regards S

"Why CCJ when you can CCA!"

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The money laundering regulations 2003 sort of mention it, although the regs are quite complicated. I don't think you would have to quote the exact Act - just make clear to the financial institution that you are aware of this regulation and are willing to report them on the grounds that they haven't complied with the six year rule. It would then be a matter for the prosecuting body to quote the exact Act and the subsequent breech/criminal offence when taking them to court.

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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The FSA refer to the 6 year rule in their handbook, although they don't stipulate the Act.

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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The FSA refer to the 6 year rule in their handbook, although they don't stipulate the Act.

 

That's useful. The FSA is required to act on breaches of its rules so even if they could claim the law was unclear they'd still be in trouble.

"Why CCJ when you can CCA!"

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That's why I posted - if the FSA say this is how you should conduct your business you better do it or your in deep doodoo.

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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Hiya friends

 

By way of an update, I today received a letter from one of the companies I'd cca'd (not a DCA but an original lender) who asked me to contact them as they were not willing to "comply with my request" until they had gone thru security questions with me.

 

Had it been a DCA I would not have bothered, but as they are the lender and not a DCA, I thought I would see what was going on, and I'm glad I did cos you are going to love this....

 

I duly phoned up to confirm security and the girl at the other end then asked me what they could do for me. I said that they could send me a copy of my credit agreement as I had requested, and this is what followed:

 

(Her) stunned silence...I'm not sure what you mean?

 

(Me) A copy of my credit agreement with you which I have requested.

 

(Her) Erm, you need to ask the Citizens Advice Bureau for one of them :eek::lol: (never been told this before have you?)

 

(Me) No I am asking you, the lender. I have sent you my letter and my £1 and you by law have to provide me with a copy of my original credit agreement

 

(Her) more stunned silence ....you mean your application form?

 

(Me) No, I mean my credit agreement

 

(Her) Yes, your application form

 

(Me) No, my credit agreement showing all prescribed terms according to the consumer credit act

 

(Her) Yes your application form!

 

(Me) No, my credit agreement

 

(Her) Oh we don't do them, I'll send you a copy of your application form in today's post cos its the same thing, its got that bit at the bottom where you signed!

 

(Me) deciding it was a lost cause...OK then! :lol:

 

Oh boy am I going to enjoy this! Not only have they now defaulted on my request but they are another lot who are going to be sending me an application form. It was so clear that she didn't know what on EARTH I was talking about and I did feel a bit sorry for her. I could almost feel the cogs turning when there was stunned silence, bless her!

 

So, its still ONLY A&L who have complied - and now each and every one of the others have defaulted in one way or another.

 

Let the games begin !! :)

 

I'll post back again as soon as I have more news.

 

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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s59 -

 

If its anything like mine, be prepared to get a sheet of a4 with your sig in a sig box, nothing else, LOL

 

Or, if like the wifes, the same, with her name and address at the top left

 

 

Gotta love them

 

Ah, bless!

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hiya friends

 

By way of an update, I today received a letter from one of the companies I'd cca'd (not a DCA but an original lender) who asked me to contact them as they were not willing to "comply with my request" until they had gone thru security questions with me.

 

Had it been a DCA I would not have bothered, but as they are the lender and not a DCA, I thought I would see what was going on, and I'm glad I did cos you are going to love this....

 

I duly phoned up to confirm security and the girl at the other end then asked me what they could do for me. I said that they could send me a copy of my credit agreement as I had requested, and this is what followed:

 

(Her) stunned silence...I'm not sure what you mean?

 

(Me) A copy of my credit agreement with you which I have requested.

 

(Her) Erm, you need to ask the Citizens Advice Bureau for one of them :eek::lol: (never been told this before have you?)

 

(Me) No I am asking you, the lender. I have sent you my letter and my £1 and you by law have to provide me with a copy of my original credit agreement

 

(Her) more stunned silence ....you mean your application form?

 

(Me) No, I mean my credit agreement

 

(Her) Yes, your application form

 

(Me) No, my credit agreement showing all prescribed terms according to the consumer credit act

 

(Her) Yes your application form!

 

(Me) No, my credit agreement

 

(Her) Oh we don't do them, I'll send you a copy of your application form in today's post cos its the same thing, its got that bit at the bottom where you signed!

 

(Me) deciding it was a lost cause...OK then! :lol:

 

Oh boy am I going to enjoy this! Not only have they now defaulted on my request but they are another lot who are going to be sending me an application form. It was so clear that she didn't know what on EARTH I was talking about and I did feel a bit sorry for her. I could almost feel the cogs turning when there was stunned silence, bless her!

 

So, its still ONLY A&L who have complied - and now each and every one of the others have defaulted in one way or another.

 

Let the games begin !! :)

 

I'll post back again as soon as I have more news.

 

Spiritgirl x

 

This is hilarious!! They are absolutely nuts? Haven't got a clue between them?

GO BACK AFTER THEM WHEN THEY DEFAULT!!! :grin:

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lol oh well.

 

write back asking for a written transcript of the call, i believe your allowed to do this!

 

then youll have it in writing that she said

 

"we dont do them"

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 have to laugh about this company - I haven't had so much fun in ages!! They should be charging me for the "entertainment value" really!

 

I have basically argued for months with them to remove a default, payback charges, PPI etc.. and supply a CCA.

 

So first they send a copy of an application form. I write back and say "this isn't what I asked for - can I have a true legible copy of my CCA?" I GET A VERY SILLY LETTER BACK WITH A "REDUCED SIZED" copy of the same application form and a hand written comment saying "If you'd like me to transcribe the bits you can't read let me know and I will write it out for you" - well we got to laugh? AGAIN I write back "look this isn't what I am asking for - I'd like the CCA please" they tell me this is what is my CCA.

 

So after weeks of this argument with them I then get a letter from them saying they'd sold this account to Lowell's DCA. The account was clearly in dispute at this stage - and what was funnier was they'd actually got the account number wrong on the account they'd sold.

 

Lowell's then spent time harrassing me by telephone for the "wrong account number" - their staff are even more rude than those at CAP1 - the guy from Lowell's said to me "you are a liar - this is your account CAP1 sold it to us" (sure wished I'd taped that conversation) seems like whatever CAP1 says goes?

 

We shall soon see about that!! :D :D

 

Let's just see what they say to Judge at the AQ hearing - CAP1 told judge in their AQ reply to my court claim they'd settled the monetry side of this claim. So how come Lowell's are asking for the "whole defaulted amount?" - the letters issued to me clearly show the amount sold by CAP1 and the amount that Lowell's are telling me I owe in a wrong account number!! So if they paid me - where did money go? and why is account still same amount? Mmmm!!! Should be interesting?

 

Then of course they will need to explain to Information Commissioners Office, OFT why they sold this account with a dodgy number and still with no CCA - they are sure going to have to come up with an answer or two?

 

I can't wait to get an AQ hearing date - should be fun?

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yay! wish i could come watch! lol

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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yay! wish i could come watch! lol

 

Kenny - I have spent months "dabbling" with this company and they have simply allowed me to build such a brilliant case against them!!

Selling the account with the wrong account number is the funniest yet!! I sent a complaint to ICO, OFT about that cause they really ought to be much more careful with peoples data? Seems someone must have just got fed up of having my name on their desk and didn't pay attention to minor details with account numbers?

 

I actually amended my POC's to "squeeze" this stuff in about the erroneous account being sold & collected by Lowell's - the judge did laugh as I had all the letters and proof that this had been done and CAP1 still wrote to judge in their letter apologising for their not attending amendment hearing "we have settled the monetry side of this claim" - but like judge said "wait for the AQ hearing - it's early days with these people yet" - she did smile - it was quite laughable as CAP1 had provided me with all the letters showing there were "porkies" and still wrote it in letter to judge - so funny ? AQ hearing can't come quick enough for me now!!

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hope you have fun and get the result you want!

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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Elizabeth, I hope this all goes your way. Sure sounds like you've had fun building the case - Clownells are complete twits. The very best of luck to you! :)

 

It's a job to know who is funnier Lowell's or CAP1 - Seems they can't get it right between them? :D

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This thread is both hilarious and informative, and love hearing such tales of incompetency against companies who have all made us upset (understatement perhaps?!) at some point in the past.

Also enjoying the success stories too, its a great boost.

Brilliant!

Red

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