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    • If you are buying a used car – you need to read this survival guide.
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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. 
       

      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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EGG loan - Settled with Clarity, now Freds/carter, but owned by Brits


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Back in 2008, before I discovered CAG, I made a Full and Final settlement with Clarity over an Egg loan. I still have all the correspondence and the acceptance letter from Clarity. Then last week, out of the blue, I got this letter from Egg:

 

Egg-Letter-24Jun11-edited.png

 

And today I got this from Arrow:

 

NoA-Egg-25Jun11-edited.png

 

It will now be well statute barred in any case, so it seems to me that I'm covered any which way. Either they accept the F&F letter, or they don't and it's Stat Barred. Do you think this requires any sort of response at this stage?

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prob fleeced in the first place on a debt you did not need to settle

 

anything on your CRA?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When the F&F was made was it stated that the balance must not be sold or assigned after the sttlement

was made, I notice reference to Wetcott were they involved at any time?

If you have all the docs relating I would check carefully on the terms of the settlement.

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I do wonder if they are trying on with the balance left after the F&F, taking it as a payment that has

restarted the 6 year clock.

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prob fleeced in the first place on a debt you did not need to settle

 

anything on your CRA?

 

dx

 

I probably didn't need to settle. On the other hand, it was for 11%, so I was reasonably happy at the time. Nothing on the CRA.

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When the F&F was made was it stated that the balance must not be sold or assigned after the sttlement

was made, I notice reference to Wetcott were they involved at any time?

If you have all the docs relating I would check carefully on the terms of the settlement.

 

I don't recall whether Wescott were involved. I did a lot of head burying at one stage :(

 

From the F&F letter:

 

...I am writing to confirm that our client would be willing to accept a payment of £xxx as full and final settlement on the above account
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For peace of mind perhaps a letter to Westcott stating the F&F

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In view of the note from the settlement ignore unless something crawls out of the wood work.

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Your welcome you have done most of the work yourself.

Good luck keep us posted.

Brig.

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I had the same issue with Citi and Cabot. I sent Citi a formal complaint regarding the undue stress and anxiety that selling this alleged debt had caused due to Cabot harassing me for settlement. I also pointed out their lack of transparency regarding any outstanding balance and that I believed their conduct in accepting a F&F and then selling it on to be misleading unfair and contrary to professional diligence.

 

I have been offered £50 compensation by Citi in response to this complaint and Cabot have confirmed that they will not be contacting me again regarding this matter.

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I do wonder if they are trying on with the balance left after the F&F, taking it as a payment that has

restarted the 6 year clock.

 

I on the other hand think that they have taken the payment in F&F, then claimed the rest of it through their insurance, and are now being so blatantly rapacious that they are passing round non existent paperwork debts so that the whole sad sorry world of debt buyers & sellers can continue fabricating accounts to show off and willy wave at each other......allegedly!

 

OFT&TS might like to hear of this little ploy!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I suspect the letters have been issued in error. They probably did a query on all accounts passed to recovery within a period of time, in order to generate the letters on bulk to all those that may be affected by this change.

 

I doubt you will hear anything more, but if you do you have the info about the F&F to send them.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Regardless it is a miserable argument that they "may" have issued them in "error" you still need to lodge formal complaints about them to those responsible for regulating them, otherwise people will continue giving them the benefit of the doubt and sit on their laurels hoping it is just an admin error.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 months later...

I'm afraid I need to resurrect this old thread. Wescot have now sent me a threatogram demanding payment for the balance after the F&F settlement figure is taken off :mad: I notice they have been very careful to obfuscate exactly what the alleged debt is, and who it was originally with too.

 

I'm not sure how to best proceed with this - should I:

 

  • Ignore them for a while
  • Write a snotty letter to Clarity
  • Write a snotty letter to Wescot

Or I'm open to any other iders that my fellow Caggers may have :)

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Nice calm but firm formal complaints to both, I

would suggest sending the complaints to the compliance managers

of each company

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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did warn you...

 

is it showing on your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The best advice I can give on this

point is check CRAs at least every

3 months if you have ongoing problems.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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then you owe nowt!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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