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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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heading for another breakdown


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Have been ill with various serious health complaints which caused me to retire from well paid job some years ago. With huge credit card debts piling up, had a complete breakdown but started repayment plan with CCSS. Paid faithfully each month until one of my accounts was passed to an unsavoury debt collector who refused all my payments and was about to take me to court for a judgement and charging order. The only advice I got from CCCS was to let them get a charging order.

 

Found this site and managed to stop the DCA in his tracks by asking for a CCA which todate they haven't been able to supply. Even have a letter from DCA after TS got involved, which said they wouldn't seek payment until they produced said document. So I stopped payment to this DCA.

 

Meanwhile I became seriously ill again with yet another illness which has left me with hardly enough energy to sneeze and can't leave the house .It is thought my kidneys are now failing and am just back out of hospital 2 days ago.

 

But unknown to me unsavoury DCA was pressurising CCCS to restart payments despute the fact that they said they wouldn't seek payment and also the fact that they had refused all CCCS payment offers

 

CCCS wrote to me and asked me to confirm in writing that I didn't want any payments made to this DCA. Sent off the letter confirming this and as a result CCCS have cancelled my entire DMP. The CCCS advisor said they operate on trust and that if a creditor says I owe money then I must pay it until I can prove that I dont. They said it would be treating this DCA unfairly to withold payment.

 

The fact that CCCS have cancelled it mid month means that I have absolutley no chance of making alternative payment arrangements to meet my normal payment deadlines this month.And at the moment CCCS is sitting with the funds I would use to pay them all anyway.

 

Feel so ill, I can't find the energy to get on the phone to try and even sort all of this out. And next month I'm probably going to be bombarded with numerous angry phone call from creditors and DCA's.

 

Stress levels are enormous, feel that in the physical state I'm in this is going to be the straw that breaks the camels back.

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Hi VW,

 

This has been drawn to the attention of the site team and one of the debt specialists should stop by to comment/advise.

 

It seems wrong of CCCS to throw this spanner in the works when it is clearly the legal responsibility of the DCA to show they have the right to collect this debt.

 

Further advice should follow..........:)

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This is standard response for CCCS regrds unenforceable debts. Just because the debt is unenforceable doesnt mean it does not exist, and CCCS expect you to include all amounts you owe in a DMP.

 

As they already have this months payment then I am sure they will either forward it on or return it to you.

 

It will take a few weeks for the creditors to realise that they havent been paid before they start harrasing you, and hopefully by then you will be feeling a little stronger and well enough to look at alternatives.

 

Would you like to give us details of your debts/income/situation?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Have in excess of 15 creditors with a total o/s amount of around £50000,

amounts varying between £100 to £7000, tho most are under £2000. In amongst it is around £12000 of charges and during time with CCCS have repaid over £20,000.

 

There was no equity in our house when we started with CCCS, so had thought it was better to try and repay this rather than go bankrupt at that time as our crediotrs would have got nothing. There still isn't much equity due to the housing market fall but if I had done it back then at least if I unfortunately expire my OH would get my insurance payout fund to start again.

 

I'm not sure I owe the account in question because the DCA has given details which don't match mine.That's why I asked them for proof.

 

I could be repaying this only to have another DCA come along in the future looking for payment for the full amout again. The CCCS informed me that if this happened then they would just add the new DCA details to my plan and expect me to repay that as well.

 

It may be the policy of CCCS, however the timing of this is extremely bad and they were well aware of my health condition. I think it is highly irresponsible for them to not give me enough time to make other arrangements when this account hasn't been paid for months anyway.

 

Have today tried to ring some of the contact numbers on paperwork provided by CCCS and have so far got through to a fax machine, and also been given the run around on an 0870 number for 20 minutes on another number with no success

 

Have had major heart surgery and a few strokes in the past few years and this new health problem means that any stress leaves me feeling as if I'm about to pass out.

 

Have given up.

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Oh shame VW, we all know exactly how your are feeling. Many of us are very much in the same boat but you have done the right thing joining this site. You will get some very sound advice from fellow Caggers. This is the Consumers turn to fight back, and that we are all doing. All 4 of us in my family have physical and mental issues going on and these CC companies and DCA's have almost driven us to the edge. However, since tackling all 8 of our creditors for similar sums, one by one mostly, with the excellent guidance from this website, we feel so much more encouraged and on top of matters. I hope you do shortly too. Keep reading as many specific threads related to your own banks/cards and you will become so much more knowledgeable and feel more confident. I know many people in our boat have been advised to contact their local Trading Standards Offices and even local MP's. They are readily available to listen. Up until now, the Banks and DCA's have been able to bully us all into submission but there are many, many, laws to protect the Consumer and it is now time to enforce them! And finally, as my old mum's always said, it's only money!;)

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Thanks for the support, and I really think that the CAG and all the supportive users really do make a diffference. Without the advice and experience of this site a DCA would have a charge on our house for an account that might not even be mine.

 

Waiting for hospital readmission for more investigation.Because I have a number of health problems and some are interrelated there's 3 different consultants deciding on the right treatment. If they can decide on that, then I'll hopefully get some energy back to tackle all of this from scratch with a new approach.:-)

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If you have anybody -close family member or partner, that you trust & that you have spoken with regarding your situation, you may be able to request that they have authority to discuss your account with the CCCS & other creditors.

 

You can ask if this is possible with the CCCS & you would be required to send letters to them, much like the one you would have sorted with the CCCS for them to have authority to discuss your account with your creditors. It would certainly help with the stress you are under, especially with your ill health, to have somebody else speak to them on occasion so that you don't feel that you have to cope with everything by yourself.

:razz:
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