Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

M&S CCA request? need signature, Confused with SAR?


Elgrand
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5084 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Elgrand

 

Been reading your thread and I am a bit ahead of you with M&S. On the SAR issue they managed to send me someone elses info!

 

Received letters today from Collect Direct but don't expect them to be a problem to see off.

Link to post
Share on other sites

  • Replies 77
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Exchange

 

Got a letter today from Collect Direct as well.

 

Been reading your thread and I am a bit ahead of you with M&S. On the SAR issue they managed to send me someone elses info!
Unbelievable arn't they!

 

A SAR will be my next move.

 

Elg

Link to post
Share on other sites

  • 2 weeks later...

Collect Direct are a bunch of T**sers, latest letter I have received from them says that I accepted transfer to from Store Card to Credit Card verbally.

Must be some new kind of agreement!!!!

Edited by ajs444

Don\'t let the B**tards grind you down

Link to post
Share on other sites

Hi Elgrand, I suppose I'll be getting the same letter soon. M&S may well be allowed to send the info on to a third party but shouldn't there be a notice of assignment. How do any of us know that Collect Direct have not illegally obtained our details and it is a [problem]? I have written back to them telling them I don't pay money to companies I have no contract with.

Also, I am not in the UK, yet they send everything to me by UK second class, idiots!

Edited by exchange
Correction
Link to post
Share on other sites

They can pass it on to a third party (if it states as much in the T&C's )and there doesn't have to be a notice of assignment for them to do so. Doesn't mean you have to talk to the third party mind.

 

Assignment is usually only when the original creditor has sold the debt on to a third party at which point a valid assignment notice should be sent to you etc.

 

 

Hi Elgrand, I suppose I'll be getting the same letter soon. M&S may well be allowed to send the info on to a third party but shouldn't there be a notice of assignment. How do any of us know that Collect Direct have not illegally obtained our details and it is a [problem]? I have written back to them telling them I don't pay money to companies I have no contract with.

Also, I am not in the UK, yet they send everything to me by UK second class, idiots!

I reside in Dawlish Warren but am not a rabbit.

Link to post
Share on other sites

I notice that your letter is dated 22/10/2009 and you are expected to respond within 5 days of that date! Having received it on the 28th, not helped by the postal situation I suppose, they are asking for a miracle. Has anyone told them there are postal problems?

Link to post
Share on other sites

  • 3 weeks later...

hiya Elgrand

 

long time i hope you are okay,,

 

well that last letter makes me laugh, they are going to put a charging order,,,,,

im guessing you really aint that worried are you,,,,

 

keep positive laters angel x :cool:

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Just got another letter today from Collect...

 

 

Elg...just write back and say...

 

Before you are able to obtain a Charging Order you will need to successfully obtain a COUNTY COURT JUDGEMENT which means you will be orally examined under oath.

 

In order to get a COUNTY COURT JUDGEMENT you will need to produce an ENFORCEABLE CREDIT CARD AGREEMENT which, thus far you have failed to produce.

 

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Hiya Angel,

 

Yes it's been a long time and i'm fine thank you, hope all is well for you too.

 

You are right, i'm really not that worried about their threats but they do sound like a bunch of bullies though.

 

Keeping positive Elg x.

Link to post
Share on other sites

Hiya WelshMam,

 

Great snippet of advice, short and to the point.

Not sure if i'm just going to ignore Collect now, it seems to be a waste of time writing to them. I will just wait and see how far they go with this and if it goes down the road to the courts then so be it.

 

Elg.

Link to post
Share on other sites

Hiya WelshMam,

 

Great snippet of advice, short and to the point.

Not sure if i'm just going to ignore Collect now, it seems to be a waste of time writing to them. I will just wait and see how far they go with this and if it goes down the road to the courts then so be it.

 

Elg.

 

To be honest Elg, I wrote to Collect a while back and told them to bog off and haven't heard from them since.

 

I think ignoring them for now is not such a bad idea. I was just making the point that, if and when you do write to them, then perhaps you should emphasise a few words of your own choosing also!! :p

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

  • 2 months later...

Ive had my 3rd letter from M&S stating that they need a signature from before they furnish me with my agreement.

Ive pointed out that nowhere in the CCA does it say that they have to have a signature beforehand, so therefore as they are over their alotted timescale, the account is in dispute.

 

HappyDays

 

EOS-5D

CAG Toolbar downloaded :D

Link to post
Share on other sites

hiya elgrand

 

just popped to have a look at your update well it seems you are doing fine

 

will be updating my hsbc ms thread once i get through to the court tried a few times and constantly engaged

 

anyway keep positive have a fun day angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

Link to post
Share on other sites

Hi

 

I have sent the letter quoted in post 6. Will be interesting to see if I get the exact same response to it.

Good luck with that socleirigh.

 

Ive had my 3rd letter from M&S stating that they need a signature from before they furnish me with my agreement.

Ive pointed out that nowhere in the CCA does it say that they have to have a signature beforehand, so therefore as they are over their alotted timescale, the account is in dispute.

Hi EOS-5D. Then all of a sudden they find it and they send it without needing a signature after all!

 

Hi Angel,

 

Good to hear from you and sounds like you are keeping positive. I will have a look at your thread and see how it's going.

 

Elg.

Link to post
Share on other sites

  • 4 months later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...