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    • In that case I don't think you'd have any grounds for a claim against the receiver, short of anything actually criminal. The receiver was appointed by the lender so any claim you make should be aginst them. How much equity do you reckon there was when they took possession? Realistic value less outstanding balance (including arrears).  This messing around makes me wonder even more if the property was wildly over valued. Normally a lender would sell and not really care if they got the best price so long as they covered the balance plus their costs. 
    • Hey @lookinforinfo I'm not sure, I don't believe he told them he's the driver. He must have selected an option saying that he's appealing on behalf of the driver or something of the sort. In more news, however, these wannabe thugs are back at it again. Honestly, what a joke. In the letter they sent before this it said they had made "2 attempts" and in this letter they said "4 attempts", I wonder what happened to the "3rd attempt" lol.  WhatsApp Image 2024-04-18 at 14.06.07_44abc9c8.pdf
    • Hi all, I purchased a car in January from Big Motoring World Leeds. At the time of sale I was shown a tab on the salespersons computer marked 'service history' and I was able to take comfort knowing that the car had been serviced on 3 occasions as the date, mileage and company was there on screen. Being a 3 and a bit year old car that, in my mind, constituted full service history 🤷‍♂️ Anyway, collected the car a week later. Once home I settled down to through the book pack etc. Opened the service history booklet and it was completely blank. In addition there were no invoices detailing that any services had been done. I duly contacted BMW and asked them to supply me with proof of service history. They responded saying that on their 'vehicle documentation checklist' I had ticked and then signed to the fact that I had seen the service history and that I was happy with it. I dug out this checklist and what it actually states is 'seen service history online' which I had in the showroom. BMW seem to think that this satisfies their responsibility in providing service history. The reality is that I don't have any proof that the vehicle has ever been serviced! For my own peace of mind I ended up paying for a service that satisfied the manufacturers maintenance schedule to the tune of £330. I even complained to the finance company that the vehicle contravenes the Sale of Goods act 2015 as l, in effect, ot is not as described. Amazingly they weren't interested and instead I just got an email stating that it's not illegal to sell a vehicle without service history and that servicing costs were part and parcel of vehicle ownership. I've since complained to the ombudsman and am awaiting to see if they can help. I have no issue with the car but the treatment and customer service has been the worst I've ever experienced. I don't really know what to do next as I really do feel aggrieved that I've had to pay to service a car that should have already been serviced. Can anyone point me in the right direction please? 🙏
    • Fraudsters copy the details of firms we authorise to try and convince people that their firm is genuine. Find out why you shouldn’t deal with this clone firm.View the full article
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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. 
       

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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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HAK v Cahoot


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The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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Please bear in mind that I am still quite green with regards credit agreements, however I was under the impression that the signature had to be on the same page as the prescribed terms.

Also Cahoot have executed the agreement before I have signed it (not sure if this has any relevance)

 

US

The only man who sticks closer to you in adversity than a friend is a creditor.

 

Debt Collection Charges

 

There is no legal basis for a creditor or a debt collection agency acting on its behalf to claim collection costs from a debtor unless there is an express provision in the original agreement.

 

Without such provision, collection charges cannot be demanded as a debt due under the agreement.

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  • 2 months later...

These people are not playing ball:

 

With my flexi loan I am trying to come to an arrangement but they have just said today:

 

We will not exept your offer and we are going to default you and send the account to a debt colector.

 

Not sure if to CCA them now or wait till they pass it to a debt collector.

 

HAK

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Hi HAK :)

 

I had a cahoot loan around 2003-2004. It had been with a DCA for the last couple of years. They defaulted on my CCA request about 6 months ago. TS put a stop to the harrassment.

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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Hopeful

 

Thats good to hear.

 

They are in default with my CC and overdraft CCA at the moment and still pestering me.

 

HAK

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  • 3 months later...

Well I am totally screwed with these.

 

They have produced an agreement for my Flexo Loan, CC and even my current account........:eek:

 

Will have to do some serious creeping!!!

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Well I am totally screwed with these.

 

They have produced an agreement for my Flexo Loan, CC and even my current account........:eek:

 

Will have to do some serious creeping!!!

 

It's probably a daft question, but are you sure the loan and credit card docs are enforceable?

 

Any charges to reclaim?

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 Hopefull

 

These are the best examples of credit agreements I have seen.

 

There are lots of charges to be claimed back but I using these to tryand stop them defaulting me.

 

HAK

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Oh man! :(

 

When you make a repayment offer, start paying it into the account asap, just in case they are awkward and say they won't accept it. If they accept the money into the account they are as good as accepting your offer.

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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  • 3 months later...

Well this account is with Equidebt and they have exepted a low monthly payment and interest has stopped.

 

I must say I broke the rules and called Equidebt. I spoke to the most pleasant lady ever.

 

I then wrote a letter in and they have exepted my offer.

 

Why cant they all be like these!!!

  • Haha 1
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Well this account is with Equidebt and they have exepted a low monthly payment and interest has stopped.

 

I must say I broke the rules and called Equidebt. I spoke to the most pleasant lady ever.

 

How naughty are you?!! :p

 

I then wrote a letter in and they have exepted my offer.

 

Why cant they all be like these!!!

 

 

It's good to hear from you again. I thought i'd noticed you the other day, but i'm very easily distracted!! :rolleyes:

 

Are you going to go after the charges now?

  • Haha 1

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

 

This is a flexi loan and there are no charges on it.

Its my CC and OD with the charges but they are still sat in limbo and waiting to be defaulted:D

 

HAK

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Hi

 

This is a flexi loan and there are no charges on it.

Its my CC and OD with the charges but they are still sat in limbo and waiting to be defaulted:D

 

HAK

 

You're certainly hanging on in there with that default aren't you? :grin:

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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Well Equidebt have exepted my offer in writing.

 

What a pleasure to deal with such a well manered DC.

 

This is of there web site and its true:

 

We have a responsibility to those from whom we are collecting money to:-

  • have respect for them as individuals even though we may not agree with them or the choices they have made
  • do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods
  • handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

HAK

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Well Equidebt have exepted my offer in writing.

 

What a pleasure to deal with such a well manered DC.

 

This is of there web site and its true:

 

 

We have a responsibility to those from whom we are collecting money to:-

  • have respect for them as individuals even though we may not agree with them or the choices they have made
  • do everything we can to optimise collections without resorting to underhand, oppressive or unfair collection methods
  • handle monies, correspondence, telephone calls and complaints promptly, efficiently and courteously

HAK

 

Hi HAK - i'm glad you've been able to sort that out without any hassle. Bet that's a relief :rolleyes:

 

If they continue to be so reasonable perhaps they should offer training to some of the others!

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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  • 7 months later...

I have just found the original T&C booklet I got with the above.

 

It mentions nothing in the booklet or on the agreement about sharing my data with CRA.

 

Are they aloud to do this if it is not in writing>

 

HAK

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IMO, no, they can't process your data if it isn't specific in the T & Cs.

 

BB that what I think...

 

Letter will be going off next week..

 

Cheers

 

HAK

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My Credit Card debt has now been passed to Moorcroft.

Just got the usual Pre Lig Litegation...

 

Thing is CC agreeement is spot on...

 

Will send them section78(1) request to slow things down but any idea how Morcroft work.Not dealt with them before?

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  • 2 months later...

It only took 3 letters and Morecroft have passed it back to Cahoots. :D

 

At least I got the FOS complaint in before they sent it back.. Should cost them a nice £450...

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