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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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Removal of default notices on credit record?


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  • 2 weeks later...
  • 2 months later...
I know this is quite an old thread but i have been reading through in interest.

 

I sent the first letter found here (which has been used effectively by others on the site) - Remove Default Notices on a Credit File - We show you how | LearnMoney.co.uk to try to get a default removed.

 

Egg ignored this so i sent this follow up letter -

 

"I wrote to you on the 11th December 2008 asking for some relevant information. I enclose a copy of the letter which was sent via recorded delivery with a £1 postal order enclosed.

I have received no response from you.

As 28 days has now passed from the date of the letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office."

 

yet again no response! now im at a loss as to what to do next! the website above only gives letter templates for when they actually respond to you not if they ignore you completely. i assume i should carry out my threats but not sure which organisation is most likely to be able to help with my complaint...

 

i also sent it to BOS who sent me a letter back asking me to supply the customers credit card number (was not a credit card debt & i am clearly the customer) - how thick are they!?!?!?

Did anything come of this?:confused:

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Hi highlander

 

1. start a new thread, you'll get more replies that way. link to it on this thread so people can fid their way there. :)

2. best to start two threads, one for each account, this avoids confusion and maintains focus.

3. re the first DN, paste it up, and if you paid it off IMMEDIATELY then surely the breach will have been remedied = no default? more details required.

 

regards, avatari

To err is human: to completely mess up is my peculiar gift.

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I have Default on my file issued by Orange. When I asked them to remove it because it is not a Consumer Credit Regualted agreement they say it is not a 'Default Notice' but a notice that I have defaulted as per the terms and conditions that came with my phone. It is definitely down as a default notice on my credit file. The FSA refuse to look at my complaint. Where do I go and what else can I do?

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  • 3 weeks later...
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  • 1 month later...

Hi - I settled my 2004 debt in full in 2008 but had been issued with a default notice on 3rd March 2006, meaning that for 2 more years it will show up on my credit record. The default notice was not signed so my question is - is it valid? If it is valid can I negotiate with Link Financial (was Asset Link) to have the default notice removed. Unfortunately, I didn't think to have the default notice removed when I settled the outstanding sum.:confused:

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To get a default removed it took me 3 years of arguing.My case was similar I complained to ICO who ruled in my favour that the defaults were unfair.I had paid a debt through CCCS since 2000-2006 then the debt was sold from MBNA to HFOS.Both had added defaults,so i complained and it was stated by ICO that 2 defaults couldnt be added for same debt plus the default should have been added when the account first defaulted in 2000 to add it later would have messed up my credit file from 2000 6yrs than another 6yrs to 2012 which was wrong.Hard work but good luck!!:|

MBNA £250 bank charges refunded.:lol:

MBNA claimed £2700 in PPI:lol:

MBNA default removed.

WESCOT balance written off no cca.

WESCOT default removed.

TIME RETAIL.default removed.

LLOYDS TSB.£150 charges refunded

MINT £220 charges refunded.

currently 4 in dispute unenforcible agreements.

HFOS ordered to remove default

YORKSHIRE paid token £200 PPI going now for full £600

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Hi - I settled my 2004 debt in full in 2008 but had been issued with a default notice on 3rd March 2006, meaning that for 2 more years it will show up on my credit record. The default notice was not signed so my question is - is it valid? If it is valid can I negotiate with Link Financial (was Asset Link) to have the default notice removed. Unfortunately, I didn't think to have the default notice removed when I settled the outstanding sum.:confused:

 

If you defaulted in 2004 and settled years later they are entitled to default you a default notice doesnt have to be signed . You can only get it removed if they have done something wrong or dont have correct paperwork etc or default notice value wrong etc regards Gaz

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As I said if you owed on a debt from 2004 originally,than the default occurs when you miss payments.If you missed payments in 2006 than you would be defaulted from then and not a lot you can do about i,m afraid

MBNA £250 bank charges refunded.:lol:

MBNA claimed £2700 in PPI:lol:

MBNA default removed.

WESCOT balance written off no cca.

WESCOT default removed.

TIME RETAIL.default removed.

LLOYDS TSB.£150 charges refunded

MINT £220 charges refunded.

currently 4 in dispute unenforcible agreements.

HFOS ordered to remove default

YORKSHIRE paid token £200 PPI going now for full £600

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  • 4 weeks later...
Hello, below is a copy of the letter that I sent.

 

Best regards

 

20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

 

David

 

Hope this helps.

Hi :Boy: This is indeed good news. I will be attempting to get my default notice removed from Barclays bank asap. Excuse my ignorance in this matter but did you have to pay off your debt with Abbey before sending the grievance letter out to Abbey? I owe the bank £1'000 (a mix of overdraft limit (£500) and £500 of charges) I'm wondering wether to pay it off before attempting to get the default notice removed.

 

If anyone else can advise in this matter please feel free to reply to my post.

 

Many thanks in advance

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Look al the creditor will do will send you a regurgiatated copy of an agreement if he cant find the original and a made up copy of the default notice if he cant find it what u going to do then ? Regards Gaz

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I know :Boy: posted that thread some time ago and things might have changed since. What are the odds of getting my default notice removed? I have only received a warning letter but no 'notice' or written confirmation stipulating that the default would be applied indefinitely therefor the question remains - is the bank is in breach?

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I know :Boy: posted that thread some time ago and things might have changed since. What are the odds of getting my default notice removed? I have only received a warning letter but no 'notice' or written confirmation stipulating that the default would be applied indefinitely therefor the question remains - is the bank is in breach?

 

the default is for 6 years once its on not sure what your reasons why they should remove explain gaz

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the default is for 6 years once its on not sure what your reasons why they should remove explain gaz

That is what I'm trying to find out - if its possible to get the default removed what is required to make it so...

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That is what I'm trying to find out - if its possible to get the default removed what is required to make it so...

 

no debt never behind with payments not your debt no default notice never an agreement

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Unless you can find fault on how it was applied it would be very difficult

MBNA £250 bank charges refunded.:lol:

MBNA claimed £2700 in PPI:lol:

MBNA default removed.

WESCOT balance written off no cca.

WESCOT default removed.

TIME RETAIL.default removed.

LLOYDS TSB.£150 charges refunded

MINT £220 charges refunded.

currently 4 in dispute unenforcible agreements.

HFOS ordered to remove default

YORKSHIRE paid token £200 PPI going now for full £600

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  • 1 month later...
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