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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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NAT WEST will not return my PPI


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The letter is fine but it should go to the organisation that owns the account not Triton who are only acting as their agent.

 

As I've recently come to understand DCAs are debt collectors and using the CCA against them is a pointless activity. The CCA only works for whomsoever owns the rights & duties of the account.

 

Have a read of MoonHawks thread for more info on the rights & duties issue.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112901-have-you-sent-cca-new-post.html

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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The letter is fine but it should go to the organisation that owns the account not Triton who are only acting as their agent.

 

Hi Conar

 

I sent the letter to Triton on the vague hope that it would stop any phone calls which I am sure they will try as harassment, and pass it back to Nat West of which I believe they are inhouse debt chasers.

Nat West have been told in no uncertain terms all that is in that letter, and all they write back is that they stand by their previous letters that the debt is due and they will pursue it.

 

Lets see what the answer to that is.

 

maggiebroom :)

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im waiting for a reply to my request to have my ppi paid back..i took a loan in 2003 for 15k..and together with interest and ppi it all amount to 23500k paid over 60 months at 391.67 pounds per month..im now down to 4400 or thereabouts..and ive paid insurance for nothing as i was retired and they ticked the box automatically when i signed the agreement..

my bank charges ..1500k are now with the ombudsman...and im also waiting to hear from them about the ppi on my credit card.

my loan and ppi are with lloyds.

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Still nothing so all is quiet on the western front.

maggiebroom :)

 

Watching and waiting with interest.

 

im waiting for a reply to my request to have my ppi paid back..i took a loan in 2003 for 15k..and together with interest and ppi it all amount to 23500k paid over 60 months at 391.67 pounds per month..im now down to 4400 or thereabouts..and ive paid insurance for nothing as i was retired and they ticked the box automatically when i signed the agreement..

my bank charges ..1500k are now with the ombudsman...and im also waiting to hear from them about the ppi on my credit card.

my loan and ppi are with lloyds.

 

almikenina..

Good luck with your claims. Do you have your own threads that we can follow ?

  • Haha 1

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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hello All

 

Another update now the post is back.

 

Nat West have passed my account on to Triton Credit Services, and they are demanding full payment immediately or they will take further action.

 

Now I am not worried about this, but I need to know what I reply. Do I send Triton a CCA request? Or do I let them take further action?

 

I am not sure whether or not to go ahead with starting a court claim straight away.

Triton's letter is late because of the postal strike.

 

Anyone got any advice. I am at a loss now as to what to do? :???:

 

maggiebroom :)

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anyone?? Please

 

Hello Maggie,

 

Hope you are well and enjoying the peace and quiet with no harassment calls.

 

Regarding the Nastywest, they have passed your details to a 3rd party, whilst being in default of the ca request and the account being in clear legal dispute. This is very naughty, but they do it anyway. It will all add to your case.

 

I think when the letter from Triton comes, maybe respond by informing them that you are not prepared to discuss the account with them as the account is in legal dispute and maybe suggest they contact the Nasty regrding this matter. Tell them you will retain any letters, threatening or otherwise for your harassment file.

 

I sent one like this to a dca, that has been set upon me by a very reputable company, but they are still pestering, I do not scare easy. I will delighted if they dare take me to court.:D

 

Dear Muppet

 

Thank you for your template threatening letter proposing your intentions regarding this alleged debt. May I suggest that there is urgent liaison between yourselves and XXXXXX Financial Services regarding this matter. This account is in clear legal dispute. Any verbal or written contact from your company to myself, I will retain for my files and will take the appropriate legal action for harassment.

 

Please take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and inform the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully,

 

 

Keep your chin up maggie, they are only muppets really:p

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I like the Dear Muppet..lol

 

They Cannot pass on Information etc to DCA when the account is clearly in dispute... I would send the letter above from Sandbro.. BUt i would change the Dear Muppet...lol

 

Ian

 

Ian

Lloyds TSB -PPI - Full refund . 05/09/06 :D:p (As Seen on TV) :p

Halifax settled in Full.. :D 22/09/06

TSB First Claim SETTLED IN FULL 19/10/06 :D

Second Claim to Lloyds TSB - Settled in Full

Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07

PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.

 

 

 

If my post has helped you, please click the scales! :grin:

 

Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.

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Hi Folks

 

Thanks for your reply, but I understand that Triton Credit Services, although a dormant company, are a subsidiary of Snatch West. What does being dormant mean? Can they still operate or what? I am not sure.

 

Would the same letter apply to them, even if they are a part of the company. I guess so.

 

The letter is very good and I shall send it anyways. They seem to ignore anything I write to them, so we'll see what that brings.

 

Thanks once again it is much appreciated.

 

And yes Hell it is bliss not having the phone calls anymore.Strange though i miss the fun of trying to outwit them :D Not really :D

 

maggiebroom :)

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Triton have saved me a job. A letter arrived today thanking me for my last letter and saying they have noted my concerns and have passed the matter back to Nat West, who will be getting in touch shortly.

 

I wonder what they will have to say.

Obviously Triton don't want to get involved with a legal dispute. At least I think that's what it means.

 

 

maggiebroom :)

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Hello Maggie,

 

See your little light is on.

 

Thought this thread might be of interest to you. You may already have read it, but it is very interesting and might be useful for you.

 

un1boy - N1 issued for breach of CCA request

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi hell

 

I have now read through all of that thread and it is quite relevant to my case.

However I received this letter from Nat West today.

 

What do you think?

 

I am now able to issue a full response.

After fully looking into your previous correspondence and our responses sent to you on 22 June 2007, 16 July 2007, 2 August 2007 and 13 August 2007, I would advise you that after referring this matter to our Legal department we are happy that we have complied with your Consumer Credit request.

As required by the OFT, we are able to provide evidence that the debt exists and that the proper procedures have been followed and therefore do not consider to be in breach of the OFT and reject your claim that this account is in dispute.

Your indebtedness on this account remains due and payable and request you contact us to discuss your proposed repayments.

Should you disagree with this final response, you must now raise court proceedings against us to deal with the alleged non-compliance for the CCA which purportedly prevents us from enforcing the agreement. It would now be solely the Courts decision to rule in favour of your claim against the Bank.

 

Signed by the infamous H. Bennett.

 

What gets me is the fact that even if the piece of paper they sent me was properly executed and legible it was still out of time (12 days + 2)regarding my request and they have to produce a proper agreement for the court.

It is illegible and states at the top that it is an application form.There are no prescribed terms either. Methinks their legal department is up its own 'arris. ;)

 

They surely cannot expect me to back down at this stage. Looks like I shall be filling an NI soon.

 

Anyones opinion?? Do I reply or just get on to Court procedures?.

 

maggiebroom :D

 

 

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As you say Baldy its my call and as soon as I have some money i shall issue my NI. Till then there is nothing I can do.

 

I have to save up first.

 

maggiebroom :)

 

Hello Maggie,

 

How are you, well I hope, you've been a bit quiet of late.

 

There is no rush in all of this, bit like a mexican standoff, who blinks first. :o Your choices are save up for the N1 or let them take you to court, you defend and then put in a counterclaim:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Hell

 

I have been on a course about starting a small business. I am very interested in photography and have even got my first order to record a conference on the 6th December.

A bit nerve racking but if I do my research I should be OK.

I am only trying to supplement my pension and save to go back to America and get more pictures.

 

So thats why I have been incommunicado so to speak. Its nice to know I have been missed.:D

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Hello Hell

 

I have been on a course about starting a small business. I am very interested in photography and have even got my first order to record a conference on the 6th December.

A bit nerve racking but if I do my research I should be OK.

I am only trying to supplement my pension and save to go back to America and get more pictures.

 

So thats why I have been incommunicado so to speak. Its nice to know I have been missed.:D

 

Hello Maggie,

 

Well I never you black horse you, there was I thinking that you were cowering in a corner with phonecall phobia and your out starting a new profession:o Good for you:D

 

Photography is a passion. My husband is a professional photographer and he goes off for days to get that perfect landscape. He has just come back from the lake district as landscapes are his passion. He does do weddings and portraits, but he prefers to be outdoors in all weathers just in case. I might pm you with his website.

 

And yes I did miss you:p

 

Take care

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi hell

 

You should never have told me your hubby is a photographer. I may pick his brains in future. I too am into landscapes and have some fantastic pics of the Grand Canyon and Yosemite in the states. I am very new at it, hence the business course this week.

 

Let me know his website. I haven't got one yet but if he is interested I will try and show him some of my pics. I am not pushy so don't worry that I will pester him.

 

I have a job recording a conference on the 6th December and am a bit worried about it, but I have to start somewhere. Got all the equipment and don't use it enough. I wish I was as near to the Lake District as you are. Its a weekend jaunt for us.

 

"Have tripod will travel" :D:D

 

maggiebroom :)

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