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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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Pay day express help


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Did have an account with them that

has not been kept up properly.?

 

You will need to do a CONSUMER CREDIT AGREEMENT request (CCA)to them this costs £1

send an unsigned postal order.

Use the template in the CAG library, get proof of posting, they have 12+2

days to reply.

Also check your credit reports.

Brig.

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That's a wait and see the should respond

to that, if not they are on thin ice I think.

brig.

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B BNB is right any payments lower

or less frequent than those required by

the original agreement is a default.

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I think the activation of the agreement to pay probably

had a default notice built into it.

It makes in this case I think little difference as you

have entered into the payment plan which as said is

a default on the original agreement, all they have

to say is that they have note on file that a notice was sent.

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As said before you must raise a FORMAL COMPLAINT

with the creditor who placed the default and give the

a time limit to reply I suggest that should be 14 days from

their receipt of the complaint, copy this to the compliance manager

of the CRA.

Again as said before the CRA CANNOT amend or

remove any entry unilaterally.

MAKE SURE THE LETTER IS HEADED FORMAL COMPLAINT

and that your complaints are clear, explicit and concise,

and include copies of previous correspondence.

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As said before you must raise a FORMAL COMPLAINT

with the creditor who placed the default and give the

a time limit to reply I suggest that should be 14 days from

their receipt of the complaint, copy this to the compliance manager

of the CRA.

Again as said before the CRA CANNOT amend or

remove any entry unilaterally.

MAKE SURE THE LETTER IS HEADED FORMAL COMPLAINT

and that your complaints are clear, explicit and concise,

and include copies of previous correspondence.

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The creditor need only state that their

records show that a DN was sent, they are

generic letter filled with the relevant

debtor details as need, and the normally

just not the default on file and don't

keep hard copy of each individual DN.

this is best tackled without a template

as these companies have seen them all

just the same as everyone has seen the DCA's

template threatograms, a person letter I find work

better.

 

Brig.

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No the bl**dy thing said the first was

''Too Short''??? and wouldn't let me

edit it:madgrin:

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I wonder if as the account is settled and

your complaint is about the default is it worth

actually requiring any more information by way

of the CCA request which provides very little info,if

you want all the data you need to do a SAR.

As to the DN it's self as said they are generic

and the process is to place a note on their files

to say a DN has been issued.

Your letter I think should address the removal

of the default from your files.

 

Brig.

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No problem, a response should be made

within in14 days I would suggest.

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  • 3 months later...

OK, The letter is fine address this to the Data Controller

at the loan company send copies/screen prints of CRA

entries as well.

Also send copies to the Compliance Departments of the CRAs

and place a notice of dispute onthe entries.

In this case I suggest recorded delivery.

 

Brig.

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There is here the point that is confusing me

the date of the default must be the date of

the cause of action ie the last payment made

and no further payment being made

date that the entry is placed on the file, the guidance

is that the placing of the default should be timely no

more than 6 months after the cause of action.

The report should show an entry such as ''Date Last Delinquent''

that is the date of the actual default, any other date is not

relevant.

I think the only way to get information on the date the info

was passed to the CRA is a subject access request to the loan

company and one to the CRA this would show any discepancies

between the two.

 

Brig.

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Looking back quickly I think you

should take up Ms. Myers invitation

and report to the OFT and trading standards

regarding the abuse.

What job title does this woman claim???

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If the date is a year before the actual default date

that's one year closer to stat barred??

  • Confused 1

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The posting of defaults and the removal of

them if unjustified is something that I have

succeeded in getting some expertise by much

reading of the ICO and OFT guidance documents.

IMHO it is a long and tiresome process using a lot

of letter tennis and arguments on interpretation of

the guidance docs , but yes than can be removed.

 

Brig.

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