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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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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Trying to build a decent credit rating


pjdudley69
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"big boy's card"

 

Humph!! girl, thank you very much!! ;) lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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That was for the type of card, not the type of card holder :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I'll let you off then, sorry lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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No they can't. If a payment was missed, there is a marker because it was missed. This has nothing to do with charges. It cannot be changed because it is a fact that the payment was missed and the facts cannot be changed.

 

Hope that is clear.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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What about people that have there defaults removed?

 

 

You Preliminary apporach letter at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-letter-preliminary-approach-repayment.html

 

Says and I Quote "Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable."

 

 

Cant I just changes it to "Additionally you have entered a several missed paymenys against my credit record. This only occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the these entry from the register. Please note that mere correction or amendment to the entry will not be acceptable."

 

I dont see how its fair that people can get there defaults removed, but you cant get payment markers changed!

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Guest Alison82

I dont see how its fair that people can get there defaults removed, but you cant get payment markers changed!

 

 

Because that is the law. If the default consisted of unlawful charges which cannot be justified then a default based on these charges is also unlawful therefore it will not/ cannot stand up in court. You missing a payment has nothing to do with unlawful charges it's just that you were late meeting that payment; nothing unlawful about it.

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Payment markers, like it or not, are a fair reflection of the payment history of an account.

 

Default Notices are issued unfairly if they're issued mostly or purely as a result of unlawful charges... but the payment history will still show late payments even if the default notice was unfair.

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Because that is the law. If the default consisted of unlawful charges which cannot be justified then a default based on these charges is also unlawful therefore it will not/ cannot stand up in court. You missing a payment has nothing to do with unlawful charges it's just that you were late meeting that payment; nothing unlawful about it.

 

OK, let me fill you in my situation. Basically I never paided my store card because I was in hosiptal and I totally forgot about it.

 

Now I didnt pay for 12 months in a row, so my credit file looks likes this

 

S000000005466654323210000000

 

S = the account was settled for the full amount on 17/07/2004

 

But this seems a TOTAL money making scheme, and im sure any Judge would agree. I understanding after missing 6 payments a default should have been issued. So my file should look like this

 

SD6543210000000

 

D = Default issued.

 

But instead of doing this, Debanhams seemed to change the status on my credit history which made it look like that im paying, so they could carry on charging me! Im sure that is unlawful!!!

 

HOW WILL THEY BE ABLE TO JUSTIFY THIS IN A COURT ROOM?? Is seems that there debt managament is gear-up up for making profits!!!

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OK, let me fill you in my situation. Basically I never paided my store card because I was in hosiptal and I totally forgot about it.

 

Now I didnt pay for 12 months in a row, so my credit file looks likes this

 

S000000005466654323210000000

 

S = the account was settled for the full amount on 17/07/2004

 

But this seems a TOTAL money making scheme, and im sure any Judge would agree. I understanding after missing 6 payments a default should have been issued. So my file should look like this

 

SD6543210000000

 

D = Default issued.

 

But instead of doing this, Debanhams seemed to change the status on my credit history which made it look like that im paying, so they could carry on charging me! Im sure that is unlawful!!!

 

HOW WILL THEY BE ABLE TO JUSTIFY THIS IN A COURT ROOM?? Is seems that there debt managament is gear-up up for making profits!!!

 

If I were you I would be very happy that I do not have a default to worry about, as it would cause problems for the next 6 years. Whatever the reason for non-payment, the fact is you did not pay which you cannot change.

 

Are you still receiving bills from Debenhams. I cannot see how you can be if the account is settled.

 

I have noticed this discussion on your own thread regarding Debenhams and feel that is a more appropriate place for this discussion to continue. As far as I can see your credit rating seems to be a matter of historical fact which cannot be changed.

The Consumer Action Group is a free help site.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have done quite a lot of research on this topic, and in some case you can get both defaults and CCJ's removed, but before you can, you need to get a copy of your credit file, then you write to the loan company or whoever placed the default - see sample letter below:-

 

Once you get a letter back you can then start to take action to get said defaults removed. If you owe nothing and they agree for the default to be removed you write to all the credit reference agencies and send them a copy of the letter from the creditor stating they agree to allow the default to be removed.

 

CCJ's are actually easier, I know someone who has done it very easily, and I am in the process now of having two set aside (not removed) set aside means in all likelyhood they will never be taken back to court especially if the set aside was due to unlawful bank charges etc. Once set aside you write the above letter to the CRA's and your file is then cleared. All this takes some time, but you should be able to do it in around 2 months, depending on how many you have, how quick they reply and if you can settle any default loans etc.

 

I have just written to the courts on two counts, one for a CCJ from Barclays for which a significant portion of the debt was unlawful bank charges and penalties and one for a consumer credit CCJ that in fact has been paid in full and I have a Certificate of Satisfaction for, but which I want removing from the records. I will let you know how I get on, letters are going off tomorrow.

 

There are ways, does not always work depends on your situation, but it can be done.

 

Chris

As proof my statements above can work:-

 

As per my post earlier in this thread, I wrote to the Inland Revenue on the 19th June respectfully requesting they please write and confirm that they have no objection to a CCJ being removed or set aside so that I can clear my name with the credit reference agencies.

 

Today I received a letter from the Higher Debt Manager of the Inland Revenue Enforcement & Insolvency Unit, agreeing with my request and commented they were actually glad I had managed to get a ‘Certificate of Satisfaction'

So letters going off tomorrow to Credit Reference Agencies with photocopies of the letter.

Quite a quick result really.

I am still going through the process of having another set aside, but that is still live so a lot more work involved.

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Guest Alison82
OK, let me fill you in my situation. Basically I never paided my store card because I was in hosiptal and I totally forgot about it.

 

Now I didnt pay for 12 months in a row, so my credit file looks likes this

 

S000000005466654323210000000

 

S = the account was settled for the full amount on 17/07/2004

 

But this seems a TOTAL money making scheme, and im sure any Judge would agree. I understanding after missing 6 payments a default should have been issued. So my file should look like this

 

SD6543210000000

 

D = Default issued.

 

But instead of doing this, Debanhams seemed to change the status on my credit history which made it look like that im paying, so they could carry on charging me! Im sure that is unlawful!!!

 

HOW WILL THEY BE ABLE TO JUSTIFY THIS IN A COURT ROOM?? Is seems that there debt managament is gear-up up for making profits!!!

 

Did you use you card again after you cleared it? If not I can't see why they would even ask you for payments if you don't owe them anything. You’re best off writing to them for a subject access request (see library) and take it from there also write to the credit reference agency and explain the situation.

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What if the payments which were deemed 'late' were actually payments they had tried to take from your bank, but failed due to insufficient funds, and the insufficient funds were because of the incremental nature of these charges i.e. Normally you're payment to the card company/account would be a lot less without the charges, is that not a realtionship between late payments and charges?

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Also, my default is due to be removed next month, so I don't think I will pursue it, but I am interested in the fact that late payments actually dent the rating less if they happened quite a while ago, I think I have 1 late payment in the last 18 months, but I had quite a few about 2-3 years ago, these still show on my account, but is it true that these now pack less of a punch, where did you find this information?

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After getting your input last week, I applied online for the Cap1 card, just on the off chance, and I got a letter on Friday approving me. Just had to sign on the dotted line. Its 29.9%apr, but like I said, I'm only going use it for things I can pay immediately to see if it will help build my rating - my bf will also use it and pay it, to help see if it works with my credit rating. Not sure what my limit is at the moment, it just says limit up to £2500 with regular reviews for increase, but I'll find out when I get the card.

 

Well, I've got the card, with a £200 limit, which is perfect for what I wanted it for. I assume that if I make regular payments, and they increase my limit, it can only help my credit rating. So the moral of this story is: if they're fool enough to give me a card, they'll give anyone one! lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Well, I've got the card, with a £200 limit, which is perfect for what I wanted it for. I assume that if I make regular payments, and they increase my limit, it can only help my credit rating. So the moral of this story is: if they're fool enough to give me a card, they'll give anyone one! lol

 

They might even send you a second one in a year or so... Mahala got a second one and now cannot access the details online of her first one which has a balance she needs to pay off!!!

 

She needs to ask them to show her the agreement she signed for the second account... which doesn't actually exist so it should be interesting LOLOLOL

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They might even send you a second one in a year or so... Mahala got a second one and now cannot access the details online of her first one which has a balance she needs to pay off!!!

 

She needs to ask them to show her the agreement she signed for the second account... which doesn't actually exist so it should be interesting LOLOLOL

 

Don't say that!!! I don't want another one, I always said I'd never even have one! It's bad enough going through all this to get bank charges back - I don't know if I've got the nervous disposition to deal with any more cock-ups as well! lol

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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  • 1 month later...

READ THIS THREAD!

 

In the legalities section, 'default hell'

 

Goes on the assumption for closed accounts, they no longer have permission to supply cra's, as contract ended so with their permission.

 

BLOODY GREAT THREAD.............................

............................................................

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  • 2 weeks later...
  • 2 months later...

regarding having late payment markers amended due to unlawful charges, i have successfully had this done on two counts with different companies.

the fact that unlawful charges have been applied to the accounts, the payment markers as a result do not give an accurate reflection on the state of the account, the variables that can be applied to this are limitless and accordingly i would not accept anything less than amendment to perfect score on all payment markers registered with the cras...and got exactly that....the d.p.a clearly states all information must be accurate..... end of story..it took three letters to one company and four to the other.....007

"ALWAYS QUOTE ME AS BEING MISQUOTED" :D

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regarding having late payment markers amended due to unlawful charges, i have successfully had this done on two counts with different companies.

the fact that unlawful charges have been applied to the accounts, the payment markers as a result do not give an accurate reflection on the state of the account, the variables that can be applied to this are limitless and accordingly i would not accept anything less than amendment to perfect score on all payment markers registered with the cras...and got exactly that....the d.p.a clearly states all information must be accurate..... end of story..it took three letters to one company and four to the other.....007

 

Hi,

 

Can you tell me what letters you sent to them to have the late payment markers removed. This is exactly what my partner needs, as there are late payment markers but no default/ccj against her.

 

Your help would be much appreciated!

 

Jack

Jack

 

Littlewoods Catalogue, won £300 back by default.

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