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    • If you are buying a used car – you need to read this survival guide.
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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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A+L Card Debt sold to LINK


The Phantom
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Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Fred, you need to ask them to provide you with a "true copy of the executed agreement", this letter is in the templates library, Letter N. They have 12 days to produce, after which they are in default. If they do not provide it after 30 days, they have committed an offence and it will be difficult for them to enforce the debt. It is important that you do not misconstrue an agreement for the application form that they will most likely send. It depends on the age of your debt.

 

I would not have a problem with going for charges, despite the arrangement you have, it will only reduce the debt which is good for you obviously! So my advice is to go for it. There are plenty on here who are on DMP's who have reclaimed charges so get going as and when you have the funds! Get your SAR out a.s.a.p. and don't forget contractual interest - it makes all the difference.

 

Have you started a thread? If not, do so, as we can all help with your specific case!

 

Hope this helps!

 

Regards,

 

Corn x:)

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CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Yes, there is a standard template letter in the templates section you can send them

(letter N) send recorded delivery !

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Include the statutory fee of £1.- and wait. They have initially 12 working days after receipt of your letter to send you the copy of the original agreement. If they fail they are in default and should stop enforcing the agreement (i.e. stop chasing you for any money) ,if this default situation continues for another 30 days thereafter they have committed an offence which can be reported to TS and the OFT, FSA and also the Ombudsman I think. The agreement can then also not be enforced, i.e. you don't have to make any payments. However, if they find the agreement at any time thereafter they can enforce again, provided the agreement meets the prescribed terms as per the CCA

There are some very exhaustive threads about that topic on the site

for example

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

http://www.consumeractiongroup.co.uk/forum/other-institutions/10900-loan-company-cannot-supply.html

 

There is an abundance of information regarding this issue, take your time and have a good read

;)

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Well done N, far better than my post!!! xxx:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I was too slow - you beat me to it whilst I was still typing and looking for the relevant threads to read and copying their links

But at least we have both given the same advice and information so it should not be confusing.

Nothing is worse than getting two different replies to ones question :p

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Many thanks for your help. I will start a new thread on this once I start taking action against MBNA which will be soon. I've already started against Lloyds and have started a thread.

 

I'm proceeding with caution because I want to get it right and I'm not in a position to send off an SAR to all of my creditors. This is different though, because the cost of the CCA is much less and it's intriguing because if they can't supply the relevant data then they're in the cack. I'm going to the post office tomorrow to get some postal orders. I have plenty of time on my hands so I will definitely pursue them (and the others) for contractual interest.

 

One more thing. What is the best method for sending mail if you need proof? I sent my Lloyds SAR by track and trace but so far there is no information on it even though that was over 4 weeks ago. I'm not bothered, I have the proof of posting, but I wondered if there is a better way than this.

 

Many thanks to everyone for their help.

 

Fred.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I paid by cheque - it hasn't been cashed yet.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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My first post. MBNA. Sent and asks for the CCA. They replied within the 12 day limit but, only sent me the 'application agreement'.

As I understand, I need to address this with a 'now failed to comply' notice. Is this correct?

Sorry to jump in but I have been following it seems hundreds of threads regarding CCA's etc...

As Fred/B, I have a DMP with the CCCA. Until recently their (sold) my debt to (Debt clear recoveries&investigations ltd) Whom I CCA'd but received a copy back from MBNA.

Do I now contact the CCCS asking them to suspend payments.

Please let me know of my next course of action.

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Hi,

 

I haven't actually received anything from MBNA so not sure what you received and what it looks like

Have a read of this thread

http://www.consumeractiongroup.co.uk/forum/mbna/72811-mbna-properly-executed-agreements.html

Knowing about MBNA what I do I think what you have been sent is most likely also just an application made to look like an agreement, but read through the above thread and if necessary post with info on what exactly they sent you so people can have a ponder about it

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Hi Phantom

 

Thanks. Click onto the above to confirm whether its just an application number.

Did receive today the second part to the agreement. All the C/C agreement regulations plus statement of 28/03/2007.

 

See what you can make of it.

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you should be able to edit your own post

 

click edit button in bottom right hand corner of the post and then delete the link to photobucket

 

you may then want to begin your own thread in the MBNA section so as not to avoid confusion - you'll have a better chance of people helping you with your own thread - as this thread belongs to The Phantom and their battle with MBNA

 

good luck

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

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Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

 

Hi Nicole, yes do that, it has shut my DCA up for a while. Any news from MBNA? Am very much looking forward to seeing what they come up with to support the application form.:rolleyes:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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HI i have only had a short aqainteance with link via Mbna. They wrote to me last year and I stated that i was still waiting for mbna to confirm that they were going to credit my account for their unlawfull charges. I havent heard anything since from them or mbna. If they keep persisting after this stand firm and throw everythingyou have at them.

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I am also still waiting for MBNA to refund approx £300.- in unlawful charges, but when I requested to see the original agreement they never sent it, so they rendered the agreement unenforceable and then had the nerve to simply sell it to Link. So will see if LINK can provide an original agreement if even the original creditor wasn't able to

I have no intention of making life easy for them in any way

:D

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Hi Nicole

You've got more than me from MBNA - I haven't heard a dickie bird from them since I sent my CCA request and then my CCA default letter - I think they're busy at Chester Towers.

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I think they must be - the agreement became unenforceable 05.04.07 (12 + 30 days) , they sold it 10.04.07 to Link

I have informed TS which are supposed to look into it , but haven't heard anything from them either

To be honest, I don't even know what "complaint" MBNA's letter is referring to, I had so many issues with them:

- s85 non compliance (never heard anything from them with regards to it, and as they didn't deny it and I served them with a default notice, they must have accepted it :D

- CCA s77/78 defaulted after 42 days, letter sent to their legal department informing them payments would stop

- refund of unlawful charges of approx £300.-, they offered £75.- - I declined

nothing heard since

 

So their letter could be with regards to any or all of the above, it made no reference, so I haven't got a clue. Their promise to give me a full response within so many days is rubbish anyway, as that time has come and gone as well without any further correspondence

 

So I am concentrating on LINK now who have crept out of the woodwork and have sent them a CCA last week-end

 

I suppose they will reply with a standard letter telling me

a) they don't have to supply the original agreement as the original agreement was terminated by the original creditor

b) the fee for supplying it is £5.-

That is what other people have told me anyway, so I am waiting for that standard letter now ;)

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Got a letter from MBNA today regarding my charges claim.

They blah blah on about that I agreed to the terms and conditions and I am expected to adhere to them and on they go for about half a page, but then they say as a goodwill gesture they will be telling LINK to reduce the outstanding amount by another £192.- (with the previous refund they have allegedly credited to the account that would make the refund complete) However, as I haven't had a statement from MBNA for a while nor anything from LINK I don't know if they really refunded it or not.

They go on to say that they won't remove any defaults.

They have still not sent any agreement as requested and the debt is long unenforceable but they don't appear to care much about it.

Anyway, as I am dealing with LINK now and have CCA'd them I will leave MBNA for now and concentrate on the issue with LINK. As MBNA has defaulted and didn't produce the agreement I trust LINK won't come up with anything either and then they can shoulder the consequences of CCA non compliance.

They have so far not responded to my CCA request

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