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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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Argos Card & JB Debt Recovery


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Hi people,

 

Well, time for an update.

 

After recently receiving a letter from Morecrap stating they are unable to supply the requested CCA, only this morning I receive a letter from Fredrickson International, stating they are acting on behalf of Argos Card Services and require Full Payment or they are going to kick my head in. Seem`s that these idiots are trying to spoil my Christmas now.

 

I guess I send the usual `what you playing at? this account is in dispute` letter? Should I also inform Trading Standards of Argos`s dodgy tactics?

 

I look forward to hearing from you soon.

 

Many thanks in advance.

 

Regards

 

 

N.P

 

 

 

P.S. Hi pecky1, I know your watching.

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Try this

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with Moorcroft concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As Moorcroft have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If Fred chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

Be VERY careful whose advice you listen too

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Hi there,

 

Thanks our Curly friend.

 

I noticed this letter has references in to Morecrap. Do I need to edit anything in your letter or just send as it is?

 

I`ll be sending it in the post Monday morning, so if there`s anything I need to change, then I have time.

 

Thanks again.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP, just popping in to say "hi". It is unlikely you'll have much grief after you've sent CB's letter.

 

Keep us posted ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi pecky1 and Hopeful1,

 

Thanks for the posts, everything is much appreciated.

 

I`ve just noticed on the recent letter from Fredrickson, the balance has gone up by £12. Surely this can`t be the £12 fee applied by Morecrap for sending out the letter as per the terms and conditions of the Credit Agreement they failed to send. Should I possibly add a line or two about this or charge these numpties £12 for me sending CB`s response? I could give them 14 days to pay up then whack in a N1 Court Claim.

 

Does anyone have any comments on this? I`ll be posting CB`s response first thing Monday.

 

Thanks again guys and gals.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi pecky1,

 

Don`t you just love playing games with these empty head`s? Heh heh. ;)

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi folks,

 

Update!

 

Just received a call from an 0845 number, 8.45pm. We ignored the number and I redialled it with 141 in front and guess who it was? Yep, Those fools at Fredrickson. There was just an answering service saying I was placed in a que, so I just hung up. I have no intention of talking to these moron`s. I was just curious as to who rang.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Now come on NP, you shouldn't be so harsh. How else are people meant to entertain themselves on a cold winter's night? Good grief, cut the poor devils some slack...:D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Heh heh,

 

Thanks for that Hopeful, well, I could give them a load of abuse but I`ve been up since 4.30 this morning and I`m tired and can`t really be bothered with some snotty little part time college punk on a power trip.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi again,

 

Nothing exciting to report today. Although we had another call from the fools at Right Said Fredrikson today, no one in to answer though, just as well.

 

Anyway, Curlys letter from Post 52 was posted Special Delivery today, I`m a little behind on this one, but what the hell. Thanks again Curly.

 

Right, time to scoot, catch you all later.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi again,

 

I like the Litigation Services page -

 

There objective is to sort out the `Can`t Pay` from the `Won`t Pay`. They don`t say anything about the `Can`t Claim Cause We Don`t Have A CCA` or anything like that.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi all,

 

Finished work this morning at 11, I was on a 6-2 today, but went in late, at 8, LOL. I now have 19 days off for Christmas. Yippee!!

 

I`d just like to take the opportunity to thank everyone helping me with this thread and wish you all a very Merry Christmas and all the best for the New Year.

 

Right, that`s the nonsense out of the way.

 

We have an UPDATE!

 

CB`s letter was delivered this morning before 9, by Special Delivery. The dame thing cost me £4 odd, but at least it gets there and was signed unlike bog standard Recorded Delivery.

 

Anyway, the knob splats have rang AGAIN this afternoon. Can you beleive these arse wipes? I also included the section from the Telephone Harrassement Letter (did I spell that right? Who cares!) and also a line reading `I WILL NEVER SPEAK TO YOU`, yet the bum holes STILL ring. Unbeleivable or what? I think I spelt that wrong too.

 

Anyway, just thought I`d let you know.

 

Right, I`m off to Starbucks for a brew. Catch you all later.

 

Thanks again

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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NP, receiving the letter and reading the letter are 2 VERY different things :D

 

Hope the coffee was good. I've got another 2 days left and am then off for 2 weeks.

 

I love Christmas too :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi hopeful1,

 

Thanks for the post. I bet you can`t wait for you holls eh?

 

We haven`t had any more calls today, just the one this morn. One of the halfs whitts must have read it.

 

They`re probably trying to spoil my Christmas, because they haven`t any friends or family to share it with.

 

By the way, the coffee was good, but at £3.30 a mug it want`s to be bloody brilliant. :D

 

Hope you have a good Christmas.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi pecky1,

 

Good to here from you again. Yeah, if they ring on Christmas day I`ll tell them exactly where to go, no holes barred, so they say.

 

Does anyone know what this bunch of smack heads are like? Are they just like the usual bunch of annoying turd burglars?

 

Are these DCA`s allowed to pass a disputed account around to one another and hassle people without even showing up with an application form, let alone a CCA?

 

I think a letter of complaint to Trading Standards regarding Argos`s behaviour is in order. Anyone have any idea`s on this?

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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There is nothing 'legally binding' which stops a DCA from passing an account around, usually from one floor of a building to another in the case of HFO and Turnbulls Solicitors.... and the same with Westcot and Moorcroft....

 

They think they work outside the OFT guidelines, a phonecall to my house on Xmas will reveal one very drunk Scotsman who will tell them what to stick up their kilts!

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A continuous passing around of accounts is usually a sign of incomplete paperwork ;)

 

One more day left. I might be posh like you NP and treat myself to a £50 cup of coffee :eek::p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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Hi again,

 

£50 cup of coffee? I like that, heh heh. You have been to Starbucks then?

 

I was there earlier, around 7pm, I had a Eggnog Latte. If I`d have taken the other half and toddler then it would have come to around £50 I think. I bought it using the money I`m not paying Argos, as well as having driving lessons. I might as well put it to some use. I guess Argos have already had more than enough from me in extortionate interest.

 

Anyway, back to business. It`s been all quiet today, no more calls from Freds. Perhaps they HAVE finally read my letter, or maybe they can`t read at all. Who know`s?

 

Right, the Hitcher is back on so back to the TV, catch everyone later.

 

Thanks for the posts.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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