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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
      • 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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Barclaycard


Duffers Mum
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I am pleased DM, that TS have at last aknowledged your complaint. They will, of course, advise BC that you have been in touch, and BC will know that you are, of course, serious.

After I complained to FOS about BC, BC sent me a customer "feedback" form to fill out, which will allow them to consider my complaint, and to try and resolve it. Must admit that I have not completed it yet, or even started. this is the only correspondence from BC.

TS deal with each case individually, so I think that it is difficult to say at this stage what will happen. Hold tight, smile that you have done the correct thing by complaining, and keep us posted!

Red

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Duffers Mum,

Just thought I would drop by to offer my support and thanks for your help with my battle with Barclaycard

 

subbing

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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Hi Red - Yes it has gone very quiet since the intervention of TS, which is a good thing. It will certainly be interesting to see what they come back with , I'm sure they won't be too pleased with B/C sending out 5 or 6 different sets of T&C's, I'm waiting to see if B/C stop interest and charges now TS are involved. I somehow don't think they will, but one can live in hope.

 

Under Siege - welcome! All us badly treated Barclaycard customers need to stick together.

 

:)

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Hi DM, I guess that time will tell how BC will react now that TS have got involved. I have heard of DCAs not corresponding further when TS get involved, but not sure about an OC. I think that your complaint sent in to TS makes it very clear where you stand, and what you expect from BC, so guess that they will have to answer a few questions themselves.

I do not know what time frames TS work within, so I would just continue in the same vain as you have been, and keep posting as and when you hear anything!

Red

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Hi DM,

I'm in a similar position to you in many respects with regard to Barclaycard and have just received a copy of my application in response to my CCA request.I've posted mine and there's also one on the same thread posted by Diskmandave who has had considerable exoerience with Barclays. I am fairly new to this lark, (being merely a Devon village idiot) but am learning fast and it helps a lot sharing experiences. These companies must hate it that we can all compare notes in this way.If you want to check the applications out you can see them here.

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/121119-payment-demand-out-help.html

 

Good luck with the fight, Patma

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Patma - I'm sure all these companies get really cross that consumers are fighting back. I am still waiting to hear back from TS in Northampton to see what they have to say about what B/C have sent me. Its all very quiet at the moment, and long may it last. TS are obviously in communcation with B/C, i'll be very interested to see what they come back with (hoping I'm right and its not an enforceable agreement they've sent!) Good luck :)

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I received my statement today and as promised the refund of charges and interest are showing, however they are still adding interest and charges from the date of that refund. I'm not receiving any correspondence from either B/C or Mercers at the present time, no doubt because of the involvement of TS, and long may it last I say :D should I email trading standards and advise them that B/C are still adding interest and charges even though the account is in dispute (another nail in their coffin hopefully!) :)

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I say you should DM.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I have emailed TS today to advise them that B/C are still adding interest and fees. Still enjoying hearing nothing from B/C or Mercers, TS can take as long as they want if it means I get respite from continual letters etc. Very interesting that Mercers have gone quiet too, as I thought they would continue with their bullying irrespective of TS involvement. I wonder what this means!

 

If this continues DH's payout should be through and I can offer some of the other creditors F&F settlements, wonder in this credit crunch time though whether they are likely to accept. I should then hopefully be able to start minimum payments again to B/C provided, of course, that they can produce the proper paperwork, else they'll be getting nowt, nothing, not a penny nor a sausage :D

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  • 2 weeks later...

Well here we all are, almost at the end of 2007, I'll personally be glad to see the back of this year! I've heard nothing at all from Barclaycard and Mercers have stayed strangely quiet too, reporting Barclaycard to Trading Standards has obviously done the trick - its made Christmas that little bit more enjoyable.

 

I wish all CAGers a good 2008 and hope that together we can put these bullies in their rightful place! :)

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Ty DM.

 

Glad you are having a quite time.

 

I found it to quite and started causing problems for the postman with delivering all my sons and partners crimbo presents.

 

Have a good newyear l will be with lots of refreshments.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

Hello! Haven't been around for a while Still not heard anything from TS or B/C or Mercers, so the new year is starting on a good note. Sainsbury's are also quiet although both still continue to charge interest/charges, the other three debtors are still quite happy with me making token payments and have suspended interest and charges.

 

A pending inheritence for my DH means we should hopefully be able to get out of debt at last. We should be able to clear the majority of our mortgage and some other debts by offering F&F settlements, although B/C and Sainsburys will not be included initially as they have not given us any help during our current financial problems. Clearing our mortgage and outstanding loan will give us back £1200 per month and that is before we pay off the credit cards. We should even be able to have a holiday!

 

It looks like 2008 may be a better year for us. Never again will we get into a financial mess, its debit cards and cash only for us in the future, apart from one credit card which my sister will keep for any emergencies, but which we will clear on a monthly basis if we ever need to use it.

 

The advice i've received on this site has been fabulous, I don't know how I would have coped without all the great people who contribute here.

 

I'll keep you posted on B/C and Sainsbury's! :)

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Hi DM.

 

Glad things are still quite for you. Glad you will be able to afford a holiday as well. God knows we all need one of those from time to time.

 

Chrissi

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Paul - What exactly is section 85? and why might BC start to wobble? (hopefully over the edge of a cliff!) :)

 

I used sec 85 has a trump card for a counter claim. BC didn't like it, and subsequently paid out all interest and ppi they'd applied to the account between the issuing of one card to the next.

 

The fact is no executed agreement is ever sent when our cards are renewed just the latest TCs.

 

Paul

 

85 Duty on issue of new credit-tokens

 

(1) Whenever, in connection with a credit-token agreement, a credit-token (other than the first) is given by the creditor to the debtor, the creditor shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it.

 

(2) If the creditor fails to comply with this section—

 

(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.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Ah I see, so when TS come back to me and tell me that B/C have not complied (as I'm sure they will), I can then go back to Barclaycard quoting Sec 85 to them. That will hopefuly help when I try for a F&F settlement. Thanks for that. :)

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just to say i have just read all of this and am amazed and astounded at your tenacity with Barclaycard - we will no doubt have just as much to contend with, although ours may be taken out of our hands and be taken over by the police, as Barclaycard are not that keen to investigate fraudulent use of a card, buth thankfully the police are. Have done th CCA route yet, but suspect if its not all dealt with via the police we will have to do all of that. And I fully concur in the fact that Barclaycard never answer the letter we have actually sent. We have already sent the whole bundle Barclaycard, Mercers and ScotCall to the TS at Northampton. my thread is http://www.consumeractiongroup.co.uk/forum/general-debt/120736-help-required-pointers-6.html

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I think people have to be tenacious with Barclaycard as they are very stubborn. Best thing I did was contract TS, I don't care how long they take to look into it because its giving me much needed breathing space as all the letters from B/C and Mercers have stopped. As stated above our financial problems should be sorted out once and for all thanks to DH inheritance, however the help I've received from people on this site has been amazing and its certainly made me more determined to try and get the better of some of these companies. I owe much more to Goldfish than I do to Barclaycard yet they have been very accommodating in stopping interest and charges, whereas B/C continue to pile them on. As and when I can clear my debt with them I will only be paying them what was outstanding at the time I first wrote to them, I certainly won't be paying all the interest and charges! Good luck - I hope it all works out for you :)

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It depends on who you are dealing with at BC, i agree though, if it's the Muppet chasing you for payments they can be stubborn. If you go above the Muppet's and start liaising with the court and disclosures Dpt they are more understanding especially when you know the law and they don't.

 

Barclaycard and other CC providers are panicking at the mo imo.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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So it might be a good time to start CCAing CC providers then?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 4 weeks later...

Well here we are now in February and I've heard nothing further from TS or Barclaycard/Mercers since around October last year. I'm still paying them £7 per month but am wondering what would happen if I just stopped paying? They have not complied with my CCA request (although say they have), just think its very strange that TS have not got in touch at all since they confirmed receipt of the documents I sent them. Anybody give me a clue as to how long it might be before they contact me. I guess they have hundreds, if not thousands of complaints about Barclaycard to deal with! :)

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its your call DM if u want to pay them or not as u will understand TS have been very busy thanks to lovely sites like this and the oft test case so u may want to bear with them or even if u are desperate for the info call them and see what they are doing

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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