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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

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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. 
       

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Citicard

Dotty50
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Enron

Enron

Posted
Posted

Dependent on the age of the account Citi will unlikely have a copy of the executed agreement, in a legally compliant form if your account was opened prior to 2006. My feeling is that a lot of their agreements have issues, hence why they doggedly resist giving them out.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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ltc1607

ltc1607

Posted
Posted

I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

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the_shadow

the_shadow

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Posted
I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

 

Brilliant news... frame that letter :-)

 

Now you may still have DCA's chase you and your credit file may still be marked but if anyone threatens court action send them a copy of that letter :-)

 

S.

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Dotty50

Dotty50

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I have just had a letter from Opus to say that my outstanding cca cannot be found so they are closing my dispute with CITI and refunding my £1 they also say that my account is not enforceable due to the fact they do not have cca.

 

Very good news ltc, I just went to the beginning of the thread to see how you started off and realised this is my own thread for OH! :lol:

 

I hope we get a similar letter!

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Dotty50

Dotty50

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Posted

Not the best news!

 

This is now with Cabot, they have written advising that they have bought the account from Opus and are responsible for administering the account, including answering queries or receiving payment. Goes on to say call us etc.

 

They have enclosed, a copy letter from Opus, headed Notice of Assignment, dated recently addressed to my OH. This letter states that the account has been assigned by BOS and CCAM to Cabot Financial (UK) Ltd who has appointed Cabot Financial (Europe) Ltd to administer the account on its behalf!

 

Will have to dig the file out this weekend and see what is what and think of a suitable response, as this is still in dispute with Citi, who can't supply the CCA!

 

Bit concerned its gone to Cabot though!

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The abused

The abused

Posted
Posted

A little like my response from OPUS, They just say the dispute is now closed. it would appear they are doing exactly with Cabot what citi did to OPUS. Its like a bloody merry go round. They have closed the dispute so therefore they see themselves fully compliant in selling the account to Cabot.

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Enron

Enron

Posted
Posted

A dispute involves two sides, just because one says its closed - it doesn't make it so.

 

Citi accounts are a bit of a Catch 22 situation, you can't get hold of a copy of your "executed agreement", but likewise to date assignee's (the likes of OPUS) and DCAs such as Cabot aren't getting them either.

 

My reasoning is that Citi might have destroyed, or have issues with a lot of their original executed agreements - and hence why no one is getting them.

 

Obviously expect Cabot to be unpleasant in an attempt to get you to fold and cough up regardless of any dispute, or whether you actually owe anything. Any problems, get in touch with me, i've become relatively good at letter writing..... and mentioning the elephant in the room with regard to finance normally stops things.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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hatesdebt

hatesdebt

Posted
Posted

Ok,

 

After reading it again.

The letter from opus says the account has been assigned to cabot, who will administer it ON THEIR BEHALF.

 

Letter from cabot says they have bought the debt.

 

Be nice if somone could make their mind up eh?

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Dotty50

Dotty50

Posted
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Posted (edited)

Looks like we are all in similar boats then!

 

OH about to have a read through the file.

 

I will be back, but may be some time! :razz:

Edited by Dotty50
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Dotty50

Dotty50

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Ok Citicard couldn't produce CCA, confirmed not enforceable and returned £1.00 cheque (not banked), then transferred account to Opus.

 

Opus couldn't produce one either so they credited the non existent £1.00 to a non existent Opus Credit Card account!

 

Clarity wrote a few times but now gone away!

 

Cabot state that they bought the account from Opus and now administer the account and are responsible for answering queries and receiving payment, they enclosed a NOA from Opus to Cabot.

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hatesdebt

hatesdebt

Posted
Posted

Yep,

 

Same.

I'm wondering what weight the letter from citi would carry in all this.

It's my understanding that if they attempt litigation, the complete lack of a cca is still a complete defense??

 

Edit.

The noa from opus does not state it's sold the debt, but cabot are acting on behalf of?

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the_shadow

the_shadow

Posted
Posted (edited)

If Cabot do NOT own the debt then they cant bring proceedings against you in their own right, they would have to be joined by the owners of the debt OPUS.

 

Personally if youre interested in knowing who actually owns the debt then I'd write back to both of them asking to acknowledge if they own the actual debt, I would put in there a paragraph stating that as per the CPUTR 2008 any answer that is misleading or inaccurate WILL be reported to the relevant authorities and will be retained as evidence for future action if you so desire.

 

S.

Edited by the_shadow
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hatesdebt

hatesdebt

Posted
Posted

Another one for you Dotty.

My letter from cabot and the noa from opus are both dated the same day, so methinks this is not a genuine noa from opus, but one my up by cabot on opus letterhead?

Is that the case for you??

 

Anyway, I'll compose a letter to both tonight under cputr 2008 asking who owns the debt and when the transfer took place.

I'll inform you asap of any reply.

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the_shadow

the_shadow

Posted
Posted

The transfer date is important, if there is one on the NoA you have been sent then it MUST be accurate, an invalid quoted transfer date on the NoA makes it invalid and therefore the transfer non-executed. There is case law for this.

 

Trouble is you only get to see the actual transfer date if you see the Deeds rather than just the Notice, and as this is commercially sensitive it wont get disclosed until court and then they'll fight to show only a heavily redacted copy.

 

S.

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ltc1607

ltc1607

Posted
Posted

My letter from opus stating that the account was not enforceable says We shall continue to search our records with a view to providing you with a copy of your agreement.In line with oft guidence your credit card account is therefore not enforceable.Enforceable is a legal term meaning that the lender is not entitled to commence legal proceedings against you however you should contimue to pay any amounts due as your contract with us is not void. What Contract ? Surley this means that Cabot have no chance.

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