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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 
      • 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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help for my son **WON**


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You could CCA them, but I think it would be better to send them a letter stating that you previously CCA'd HFO. As HFO are Barclaycards agent they have a legal obligation under s175 of the CCA to forward your request to Barclaycard. Barclaycard have the legal obligation to then provide you with a copy of the agreement, therefore Barclaycard are already in default and have already committed a summary criminal offence. Also HFO would stop their harassment if Barclaycard told them to not pursue the debt (as they should have done).

 

 

this is what I should have done in the first place.

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I am not convinced that HFO are agents for Barclaycard... and even if they are, you still need something from B/card in writing to let you know where you stand with the refund of charges.

 

HFO can't pursue any debt without a CCA... so this is no longer an issue; as they haven't got one.... so they just need to berger off ;) .

 

Barclaycard are not pursuing anyway... they are refunding.... so you need to know where the refund is.... so B/card are who you need to write to, to find out about it.

 

Hope that helps...

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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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You could try:

 

Natalie Page

Barclaycard Legal and Regulatory Compliance Dept

Barclaycard House

1234 Pavilion Drive

Northampton

NN4 7SG

 

Tel: 01604 835418 c/w 2500 5418

Mobile: 077755 47353

Fax: 01604 254150 c/w 2500 4510

email: Natalie.Page@barclaycard. co.uk

 

or: Lindsay Hilton 01604 254518

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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Anyone know the best address, the address for Tim Young is the PO Box Northampton NN4 1ZY, just tried to track last letter sent 2nd Aug no trace try in a few days.

 

Maimie, is there an address on the letter that B/card sent to your son about refunding the charges to his account ?

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That is the one on the letter, I sent the acceptance letter there, but the letter I sent on the 2nd aug doesnt seem to have been signed for yet.

 

I was just checking the letter, I already said about them giving it to HFO, will I still write another letter.

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Try 'phoning the number on the back of the rec. delivery slip tomorrow. Even if it's been received though... they haven't responded, so you will need to write again, as detailed above.... This time, enclose a copy of the offer letter that they sent to your son, as discussed earlier... to stop them from wriggling out of things, so to speak.

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Just checking his statements with this account, they are from when he opened the account right upto when he sent a S.A.R - (Subject Access Request). If this was passed to a DCA would his statements not reflect that.

 

I would have thought so... but it's confusing because B/card have involved 2 DCAs in this. I'm sure creditors do this in order to confuse us as to who is responsible for what.... but it won't work.

 

Your priority is to get a reply from B/card.... No matter who they try and fob you off with.... it is B/card who applied the charges, so it is B/card who need to refund them. In order to cover yourself so that your letter gets received by someone this time... you could send the same letter (and copy of offer) to the address given to you by Rory, as well as the one you've already got. I know all of the rec. delivery stuff is a pain in the posterior... but it's the cheapest way of getting a sig. for your letters.

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If the debt was sold his statements should reflect this - if it was not they wouldn't. If it was sold the statements should say something like amount written off £xxxx, interest written off £xxxx, balance £0.00

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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If the debt was sold his statements should reflect this - if it was not they wouldn't. If it was sold the statements should say something like amount written off £xxxx, interest written off £xxxx, balance £0.00

 

One of mine showed a £0 balance though Rory... and it had just been passed to an internal DCA on the 2nd floor of the same building. That's why it's so hard to tell. :cool:

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PO and Rory,

 

All of them say present balance, the only thing that changes is.

 

credit limit £0

 

minimum payment £0.00

 

so I assume this is when it was passed to a DCA.

 

Sorry for being so stupid

 

Thanks to both of you

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Maimie, try not to get confused by other issues. It doesn't really matter when they passed/sold it to a DCA... the charges were still applied by B/card, so it is B/card who need to refund them. Their letter to your son stated that they were going to do this and this is what you need to pull them up on.

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