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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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A can of worms ?


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To think that I was once afraid of these morons though..... :-D

 

 

Know the feeling P1 - not any more though - thanks to CAG;)

 

Think I'm getting tougher now - it's just that the DCA's don't ring me anymore:rolleyes: - perhaps I have been "dumped" aswell:D

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Well, well... had a 'phone call from a brand NEW DCA today.... Fenton Cooper of Southend no less.... so am wondering if this has now been sold on to these guys.

 

Young woman asked to speak to me.... I was expecting a few 'phone calls from different people, so was quite happy up until that point.

 

"Speaking" (me - :) )

"I'm (didn't catch the name") from a company called Fenton Cooper"

Long pause.... as I've never heard of them.

"Ok" (me... suspiciously :cool: )

"I need to talk to you about a personal matter"

"What's that then ?" (me)

"I need you to answer some security questions first"

That was the give-away..... ;)

"What's it about first" (me)

"You need to answer some security questions first"

"Sorry, but I don't do security questions... if it's a personal issue, then it needs to go in writing"

"We've already written to you, have you not received it ?"

"No"

"Oh well, you'll probably receive it in the next few days then. When you do, I need you to 'phone back"

"If I need to contact you, then I'll be doing that be in writing as well"

"That's fine.... bye"

:confused:

 

Odd conversation..... and very, very careful not to mention what sort of company they were. I've not had any dealings with this bunch and have had no accounts likely to get passed to DCAs right now.... so it's one of 2 that defaulted on a CCA request months ago....

 

Bet you anything it's this one.... will let you know when the mysterious letter arrives demanding this and that with menaces, no doubt.

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Well, well... had a 'phone call from a brand NEW DCA today.... Fenton Cooper of Southend no less.... so am wondering if this has now been sold on to these guys.

 

Young woman asked to speak to me.... I was expecting a few 'phone calls from different people, so was quite happy up until that point.

 

"Speaking" (me - :) )

"I'm (didn't catch the name") from a company called Fenton Cooper"

Long pause.... as I've never heard of them.

"Ok" (me... suspiciously :cool: )

"I need to talk to you about a personal matter"

"What's that then ?" (me)

"I need you to answer some security questions first"

That was the give-away..... ;)

"What's it about first" (me)

"You need to answer some security questions first"

"Sorry, but I don't do security questions... if it's a personal issue, then it needs to go in writing"

"We've already written to you, have you not received it ?"

"No"

"Oh well, you'll probably receive it in the next few days then. When you do, I need you to 'phone back"

"If I need to contact you, then I'll be doing that be in writing as well"

"That's fine.... bye"

:confused:

 

Odd conversation..... and very, very careful not to mention what sort of company they were. I've not had any dealings with this bunch and have had no accounts likely to get passed to DCAs right now.... so it's one of 2 that defaulted on a CCA request months ago....

 

Bet you anything it's this one.... will let you know when the mysterious letter arrives demanding this and that with menaces, no doubt.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/106341-anyone-heard-these.html

 

I suspect they are a tertiary DCA

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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"Speaking" (me - :-) )

"I'm (didn't catch the name") from a company called Fenton Cooper"

Long pause.... as I've never heard of them.

"Ok" (me... suspiciously :cool: )

"I need to talk to you about a personal matter"

"What's that then ?" (me)

"I need you to answer some security questions first"

That was the give-away..... :wink:

"What's it about first" (me)

"You need to answer some security questions first"

"Sorry, but I don't do security questions... if it's a personal issue, then it needs to go in writing"

"We've already written to you, have you not received it ?"

"No"

"Oh well, you'll probably receive it in the next few days then. When you do, I need you to 'phone back"

"If I need to contact you, then I'll be doing that be in writing as well"

"That's fine.... bye"

 

P1, you really need to be referring to my Rob/Way thread to learn how to speak with these people properly!! :p

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co-5.html#post737533

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Well, nothing from postie this morning.... so will have to see next week.

 

;)

 

You get your post before 10AM? I'm so jealous. I've given up even looking until 11:30, and on some days it's come after 3pm:(

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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You get your post before 10AM? I'm so jealous. I've given up even looking until 11:30, and on some days it's come after 3pm:(

 

Actually, it usually arrives around 8.30 !! :o .... but today, I was just to lazy to go and get it... :-D .

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Update....

 

Letter arrived today, but it's not this account after all. It's my other thread in Legalities.... are they desperate now or what ?!

 

:D

 

Ok, so, you owe some money... they're not quite sure how much or why, or what account it belongs to, and they can't provide you with a credit agreement OR document of assignment, and they've suddenly changed what account number it relates to...

 

but they're definatly sure you owe them some money, and they'll take you to court if you don't pay.

 

i think a formal compalint is in order... after all, they haven't been clear in their communications so far, have they?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Ok, so, you owe some money... they're not quite sure how much or why, or what account it belongs to, and they can't provide you with a credit agreement OR document of assignment, and they've suddenly changed what account number it relates to...

 

but they're definatly sure you owe them some money, and they'll take you to court if you don't pay.

 

i think a formal compalint is in order... after all, they haven't been clear in their communications so far, have they?

 

No, it IS actually a different account and a different thread.... :-D

 

Need some urgent legal advice please !!

 

Another can of worms.... that one. :cool: ... but I already have it in writing from the OC that they no longer have the Agreement, so it should be fun ! :D Won't post about it any more on here though, 'coz you will get majorly confused.... :D

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Update...

 

Letter from the FOS today, along with a case number. They promise to get back to me with a full report asap.... but are basically snowed under at present, so it could take a while.

 

I included a breakdown of all payments made over the past 4 years.

Copy of the final Bank Statement from the OC, showing the balance upon closure.

Copy of an extract from the S.A.R - (Subject Access Request), also showing the date of account closure and the balance at that time.

(Forgot to include extract from the SAR showing the date of sale though.... drat !!.... but have it, if they need to see it).

 

:)

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Oh for goodness sake !!.... :rolleyes:

 

Have now received a request for my identity (?!) from the DCA... before they can send out the S.A.R - (Subject Access Request) info. After collecting payments for 4 years, they now want to make sure of who I am ?! :D

 

It's a good job my sense of humour is still intact. I will draft a letter later on... and just to be awkward, will send them something.... as I'm pretty sure that they won't expect me to (don't worry, it won't be anything of any use to them :cool: ... ).

 

They even sent me a pre-paid envelope !!:eek: Is this a first ?! :D

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  • 1 month later...

Have finally received a response to my SAR request. I suspect this may be because they were prodded by the FOS.

 

Anyway, brief summary of events :

 

Paying a DCA with token payments for several years.

 

Discovered CAG and decided to challenge the legality of things through a CCA request to the DCA.

 

Also sent SAR to original creditor for info. about something completely different.

 

DCA defaulted on CCA request, but decided to try and fob me off with a current account Application Form instead.:rolleyes:

 

Meanwhile, original creditor responds to SAR request and includes details of the sale of this account in 2002.

 

OC also includes a final statement showing an outstanding balance of only around £13 on this account.:cool:

 

Realised that DCA only have this current account ref number with the small overdrawn balance, yet the amount they have claimed actually involves 3 separate accounts which they bought and merged into one.... :cool: .... with no paperwork for any of it.

 

Requested a justification for collecting over £1k on the account ref. that they have.... just to see the response I would get. No response.

 

Made a SAR to the DCA.... Still no response. Timescale passed. Sent LBA. Received letter requesting proof of ID (stalling tactic) :rolleyes: . Sent very acidic letter back including a very mild form of ID.

 

Requested a copy of their Complaints Procedure. No response.

 

Made a formal complaint to the FOS after 8 weeks.

 

Very carefully selected, partial compliance of my SAR finally received today...

 

I've not had a chance to look at it properly, but the years from 2002-2005 are missing, as is any legal authority to collect the balance that they have... or any explanation of its breakdown. There are also some £350 odd in unlawful charges.

 

There is also as close to a confirmation that I'll get that they've now written it off..... Yes, I bet you have.:rolleyes:

 

When I've decided on the next course of action, I'll let you know... but I am thinking along the lines of threatening to re-claim the unlawful charges (in order to justify the court procedure without anything back-firing).... requesting a full breakdown of these charges... and reporting them to the Financial Crimes Branch of HM Treasury. Alternatively, I would settle for a full refund of all payments made to date.... and I'll drop the lot.

 

All comments welcome.... :)

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P1, I've got a can of worms - several, one of which you helped me with ;):) But it's grown into a huge wriggly mess and I don't even know where to start!! I can look things up on the Web okay, but all this paperwork floors me!:eek::???:

I keep dreaming of winning the lottery - last year it would have been a 'simple' win - pay off the debts etc. But now I'd pay for a lawyer as well, just to get the buggers who've been messing us around!

So I'm just adding my support (again). These gi*s think they have us all over a barrel, don't they? Sheesh.

We need Dixon of Dock Green and Rumpole of the Bailey.:D

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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Well, they've definitely been prodded by the FOS.... since I finally received a copy of their Complaints Procedure today.... on a double-sided sheet of A4. On here, it states that when complaints are raised, account holders are advised of the Complaints Procedure ( :D .... yeah right), that it must be investigated fully and acknowledged within 5 working days ( I assume that 12 weeks, followed by a prod from the FOS places them a bit behind on that acknowledgement then....:rolleyes: ).

 

Apparently, it's also company policy to produce a final, substantive response within 14 working days of receipt !! (more failure.... :rolleyes: ).... that includes a full reply, including confirmation of any proposed action....

 

Be very careful guys..... no CCA, 3 accounts merged into one by yourselves or OC, no paperwork to back up anything, incorrect balance on the account you've been chasing all these years, unlawful charges....

 

I will be very interested to read their written justifications on this one.... there doesn't seem to be much room to manouvre..... bless.;) Since I've been advised to hold off by the FOS and give them a chance to investigate...:mad: .... I will do so, even though they've gone way past the timeframe on everything.

 

Methinks 14 days should suffice.....

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