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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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Robbersway and citi loan


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the 12+ 30 days are up on the 20th for the cca request i sent to robinson/way, i have had nothing back from them yet apart from a letter yesterday saying court papers are being prepared if i do not pay in full by the 21st.

should i remind them of my cca request or arrange a repayment as i dont like the sound of "court papers being prepared" thanks

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They should not be making threats against you whilst the account is in dispute, it should be on hold and they mayneed reminding in writing. Keep all their letters about this. Their conduct may amount to harassment and there is a letter template to cover this I think.

 

Either that, or its all hot air thinking you may back off because in reality they do not actually have the CCA.

 

Actually on second thoughts maybe wait until the time limit for the CCA has expired and then throw it back at them.:)

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No CCA No Pay

 

They are in default by not producing the CCA.

 

They should not be sending letters to you demanding payment while in default.

 

Send them a letter requesting their internal complaints procedure. Then make a complaint about their actions. When this procedure is exhausted you can report them to the FOS which costs them money.

 

 

Report them to trading standards.

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  • 2 weeks later...

robinson/way have gone weeks past the 12+30 days for my cca request they have now snt me a letter stateing " notice of home visit". it says they will make arrangements for a local debt collecter to call at my home or call us if u wish to make an arrangement plan or if you wish to arrange an appointment for our representitve to visit you.

is this a standard letter or do they have people comeing to your house threatening you.should i send them a letter reminding them they have gone past the cca request 12+ 30 days thanks

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Yep you are just receiving another of their computer generated nastygrams.

No one will be calling and even if they do you are completely within your rights to refuse entry and not speak to them.

As clutchingatstraws says write back and request a copy of their complaints procedure.

Make sure you have ALL your activities with these "people" logged as the more information you can supply trading Standards with the better they will be able to bring action.

 

I've got a nice collection of "we'll be calling" cards from another DCA and so far I have wasted alot of cake and tea as they haven't arrived.

Shame really as I'd like to talk to them face to face on my terms and explain everything that they have been doing ;)

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Be VERY careful whose advice you listen too

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I agree with Curlyben and Clutchingatstraws, they are in default and they are unlikely to send anyone to your house.

 

If they DO, you are under no obligation to open the door or even speak to them, should you wish to, I would suggest either speaking through a letter box or if you have a chain, put that on and all I would say to them is 'I will ask you 3 times to leave the propety and it's boundary, refusal will result in the police being asked to attend for your removal' raise you voice each time you say this.

 

Don't be afraid to call the police, these people don't have rights of entry and if you ask them to leave, they should.

 

RW&Co seem to specilise in defaulting on CCA requests then sending bumpf like this, I am one who has had this too.

 

When I wrote with a complaint to RW&Co and stating I'd also 'passed the matter on to Manchester Trading Standards for their opinion', I haven't heard any more from them, touch wood.

 

Take Care,

TF x

All my knowledge has been gained from personal experience and the sharing of advice from fellow members.

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Now may be the time to write requesting a copy of their internal complaints procedure. ( Recorded )

 

Don't explain why, you do not have to remind them of their lawful obligations. Remember it is their trade and they push the boundaries of the law as far as they think they can get away with.

 

Also as the 12+30 days are up and they have sent a letter with the intention of harrassing you complain to Manchester Trading Standards.

 

Make sure you keep records of all correspondence.

 

Can you tell us the value of this debt approx?

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Buy a nice file.

 

Pay them nothing unless the come up with an enforceable CCA.

 

Keep all their nice letters.

 

Report for persuing to TS.

 

Don't speak to them on the phone.

 

If they have bought this without proper paperwork I will laugh myself silly.

 

If they own it and have the correct paperwork they would have sent it.

 

The OC won't be busting a gut to supply paperwork for a debt they have sold for 10% max of its value.

 

Sit back, Relax and Enjoy.

 

All the best

 

Cas

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i have recieved a letter from horwich farrelly solicitors saying the have been instructed by the ceditor, robinson/way, and giving me seven days to pay full balance or a substancial payment together with proposals for settlement or court action may be taken against me

the letter has the same address on it as robinson/ways letters

robinson/way still have not responded to my cca request so is this another standard letter or will it be court next,i know the debt is there but they have not provided me with any proof of it a all thanks

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i have recieved a letter from horwich farrelly solicitors saying the have been instructed by the ceditor, robinson/way, and giving me seven days to pay full balance or a substancial payment together with proposals for settlement or court action may be taken against me

the letter has the same address on it as robinson/ways letters

robinson/way still have not responded to my cca request so is this another standard letter or will it be court next,i know the debt is there but they have not provided me with any proof of it a all thanks

This is a computer generated threat letter from RW no Way using headed notepaper which they have an ample supply. What date did you CCA RWC. If they are in default or indeed have committed the summary offence then they should not be sending this letter our. Write to them asking for details of their Complaints Procedure. If they have committed the offence i.e. a Calendar Month following the 12+2 for the CCA there is a very nice letter you can send them. Dont worry they are chancing their arm and have no intention of taking you to Court. They have failed to produce any evidence whatsoever. They have broken the rules and they know it. Let them know you know it to

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safc, here's a good letter you can send them:

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : xxxxx

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

It basically say bugger off you idiots ;)

Be VERY careful whose advice you listen too

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If they are real solicitors report them to the law society.

 

File and forget

 

Expect lots of this sh1t from RWC

 

Cas

 

Unlawfuly persuing a debt

 

Is that a Law Society complaint

 

 

The Law Society are like an old boys club for solicitors . A complaint to the Society of Solicitors in Leamington Spa will be much more effective.

 

Technically these so called solicitors letters are supposed to be examined by a solicitor before being sent out. In actual fact the **** just churn them out like confetti using their state of the ark technology. Someone presses a button on the threatomatic and hey presto, another Rain Forest disappears

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  • 2 months later...

i received a letter from r/way with there heading on the letter but with the addres of a branch of london/scottish bank which is near to me. it states the unpaid account has been sent to them to be delt with by this office they say in 7 to 10 days someone will call on me to secure arrangements for payment

is this likely to happen as it is local to me even though r/way are 3 months past the 30 days of my cca request ?

from what i can gather r/way are part of london/scottish so should i reply with anything to this branch.. cheers

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London Scottish and R Way are both the same.

 

Write to the address on the letter and tell them the matter is in dispute with RWC as they have failed to satisfy your CCA request and as such you will not be dicussing the matter with them. Suggest they pass all future requests to RWC. Curlyben or DMD have a nice little letter to this effect and no doubt will post it for you

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  • 2 weeks later...

i have sent r/way,s local office a bog off letter stating that the account is in dispute due to non compliance of cca request and as they should be well aware they are in default

recieved a letter which has crossed in post stating -"this situation is unaccepable", unless payments are made immediately,or you telephone me with an explanation i will have no alternative to seek further recourse to recover the balance outstanding

sounds like they know what they are doing "not"

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They haven't got a clue what they are doing - they've bought my account from Next, who did not supply CCA. They rang me last night and told me there isn't a CCa but will still persue me and get a charging order on my house as catalogues don't need CCA's.

 

Hmm ... letter to them, OFT and TS going out on Monday.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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am i right in thinking that the term recourse in debt matters is related to secured debt against property etc or by a garantor ?

one thing that i have forgot to do as advised in previous replies is to make a complaint to trading standards about theese chumps

can anyone advise me how you go about this, through my local ts or through ts near rob/way head offices ? thanks

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Guys try and keep it clean and libel free....I understand the emotions I have had dealings with these myself.

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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