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    • @Man in the middle I've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
  • Our picks

    • 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
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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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Mercers


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Mercers are persuing me for a Barclaycard debt. I used the card but, I was paying well above the monthly payment due but everytime I could see the light they lowered the credit limit, so I sent them a cca request but they only supplied me with some statements so I stopped paying altogether. Now they have passed it to mercers who have asked for payment and for me to get in touch. I have written to Barclaycard and explained that my circumstances have changed but I can afford £xx a month but have not had a reply to that. I also wrote to Mercers telling them that I have written to Barclaycard asking for a copy of the statements and credit agreement but they have not supplied them so they are in default and cannot pass the debt on to anyone else because of this but it has fell on deaf ears. Today I recieved a letter telling me that they are arranging for a collector to call for payment but it can be avoided if I ring them and make a payment. I was paying my account online but when I spoke to Barclaycard about the treatment I was recieving I told them to close the account and because of this I cannot pay anything online as there is no access online anymore to my account. Has anyone any suggestions as to what to do about this?

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Hi Rosemary....

 

Suggested letter to be sebt by Rec. Delivery to Mercers....

 

I do not acknowledge any debt to your company.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxxx on xx/xx/2007. Since xxxxxxxx are now in serious default of a legal request, I can only assume that they must have failed to inform you before supplying instructions to contact me for payment. Until such times as xxxxxxxx are able to comply with my request however, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

I have also noted your comments about sending a collector to my door. Please be advised however, that I will only communicate with you in writing. Under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust that this clarifies your position and mine.

 

Yours faithfully,

 

:p

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Yes I did send the sar by recorded delivery to Barclays. I cannot remember when it was but I know it was at least 4 weeks ago and it was before 9th July 2007 I asked for details of all accounts that were held at Barclays and Barclaycard, all I recieved was an incomplete set of statements from Barclaycard. They were delivered whilst I was on holiday which was between 9th and 20th July

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Hi Rosemary....

 

Suggested letter to be sebt by Rec. Delivery to Mercers....

 

I do not acknowledge any debt to your company.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by xxxxxxxx on xx/xx/2007. Since xxxxxxxx are now in serious default of a legal request, I can only assume that they must have failed to inform you before supplying instructions to contact me for payment. Until such times as xxxxxxxx are able to comply with my request however, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

I have also noted your comments about sending a collector to my door. Please be advised however, that I will only communicate with you in writing. Under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I trust that this clarifies your position and mine.

 

Yours faithfully,

 

:p

If it was sar that I requested not cca can I still send this letter?
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There is little point in sending them this letter as they are not in breach of their requirement to issue a CCA as you have not requested one.

 

If you requested S.A.R and they have not complied then you need to complain with a different letter.

 

As for MERCERS, they are just Barclaycards in house collector and are a bunch of idiots. They never reply to anything you ask them, just pester the life out of you on the phone. Never speak to a DCA on the phone, they twist everything you say and you have nothing in writing to prove otherwise.

 

The intention to visit card means nothing, they have no intention of visiting, just another scare tactic to get you to contact them.

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Can you be sure that I won't get visit? Barclays have not sent me any details of my other accounts joint or single. What I cannot get over is the fact that I was paying way above the odds and they still lowered my credit limit almost every 3 months. Can I send the letter and just put sar instead of cca. I think I have done both but I cannot find my reciepts at the moment, I had a tidy up before we went away and now cannot remember where I put them for safe keeping. Would it be worth while sending another request do you think?

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Mercers will NEVER visit.

I have had a number of cards from them and others and it is simply a scare tactic.

Now I'd just send the a SAR chase letter and leave it at that for the moment.

Be VERY careful whose advice you listen too

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