Jump to content


  • Tweets

  • Posts

  • Recommended Topics

  • 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

Campaign Against CRA's Enough is Enough


Jamesx81x
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5151 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

I really feel the following matter needs to be addressed and is just as important to hundreds of thousands of consumers as the bank charges case.

 

At the moment it is possible for creditors to add defaults to your credit file as they please even if it turns out they are breaking the data protection act in doing so. This can have severe financial consequences on the individual and is very often unjust. This is just not acceptable.

 

Although credit reference agencies allow you to raise a dispute, in doing so many consumers are met with responses such as, 'we have contacted the company in question and they have advised us the default is to stay on file'. Of course they will say this. What is wrong with this situation is that the CRA's do not even ask the creditor to provide them with proof that the default is legitimate. They simply say all their clients sign up to strict conditions and agree the information they provide to them will be legal and accurate. If this is the case when a consumer raises a dispute the CRA should then challenge the creditor and if it is found the creditor has abused the system like so many do then they should be held liable by the CRA's and legal action taken against them for breaking these conditions.

 

The ICO's own publication states,

 

41 Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.

 

Why is this not done by the credit agencies and why are the governing bodies who control them not making them follow these guidelines? Even if you are succesful in having defaults removed due to the fact they should never have been there, nothing is done against the creditor after causing you many months even years of stress.

 

As previously said i feel this is a matter that affects thousands of consumers and the CRA's need to take responsibilty for what information the process and offer just as much protection to the consumer as they do the creditors. Sadly at the moment this is not the case and many people including myself are suffering unjustly at the hands of these organisations.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

There is one thing that puzzles me. Agreements (unless it has changed) ask you to tick a box agreeing to your details being sent to CRAs. There is nothing that says the CRAs can pass that information to another party, in other words, who has given these private companies (CRAs) permission to sell your data to someone else ie; a forth party.

Link to post
Share on other sites

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

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...