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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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Online app will be a tick box signature and the authorisation code was sent and received, so IMO it does not invalidate.

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

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Ah well was worth a try thanks.

 

Although i find this a shocking process, i am a PHP developer and could program a script that takes an IP address of a visitor to a site and mark a database saying that user had accepted the terms of an agreement, the entire process is majorly flawed.

 

But once again i thank you brigadier for your help.

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Got a call and a letter of the today, call was a recorded message saying that i owe them money, letter is in response to the trespass letter that i had sent them, they said they will still be sending the DCA unless payment was made, will reply again with trespass letter.

 

Up to know the following is a list of laws and regulations that i have noted that this company has broken:

 

· Several phone calls with recorded message informing me that I owe them money, no confirmation of whom they are speaking too.

· Letters threatening to send DCA to address, to which they do not have a license to canvas of premises.

· Charges per DCA call out (2x £100), these charges are un lawful as they are unable to send DCA as above, also if they was the second charge would be for £60, these are also unlawful as they did not send anyone.

· They have ignored all correspondence (emails, letters, and calls) with them, calls do not connect and each call they make is a recorded message as above.

· Debt is for a £400 pound loan and total amount repayable, this I am informed is now at £1200 (2 months since credit agreement).

· Company does not have a sign on their business premises even though under limited company law they are required to display a sign.

 

Its all adding up.

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They sent another letter today saying that the OFT just have guidelines, and due to them being just guidelines they don't need to stick to them and therefore they can charge what ever they want if its in the contract that i signed.

 

What is the limit for charges applied? is this the Loan amount plus one months interest?

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I have logged a complaint against them, you must do it, as it looks as if i am going to succeed ! ;-) the compnay need closing down, its a joke, PLEASE PRINT AND FILL OUT THE FORM, if your like me they wont even reply to you at all!

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  • 2 weeks later...

they can invent what penalty charges they like

 

still does not make them enforceable

 

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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  • 1 month later...

Hi guys,

 

Am still dealing with the complaint with Microcredit LTD, as they have been informed by the FOS that they have 8 weeks to resolve this.

 

This is the email i got off them upto now.

 

"We have received the following information previously from the Financial Ombudsman Service:

 

The application of interest and charges by a lender is a commercial decision for a business to make, and it is not for the Financial Ombudsman Service to comment on whether or not the charges are unfair.

 

In investigating disputes of this nature, we must look toward the terms and conditions of the specific agreement to decide whether or not the interest and charges have been applied in line with them.

 

When an individual encounters financial difficulties, there is no obligation on any lender to make amendments to the terms and conditions of the agreement- such as reducing interest or charges. However we would expect a lender to take a positive approach to the circumstances such as providing the possibility to enter into a repayment plan.

 

As I already explained in my previous e-mail where you may find the charges and interest in the loan agreement. The Hardship application has been available on your MiniCredit.co.uk online account from the 26th of October 2012 when the reply was sent out from us to your postal letter.

 

The OFT’s Debt Collection Guidance states that the creditor should consider suspending continuous payment authority when appropriate. We have provided you with the possibility to not pay for the failed debit attempt fees that have been and will be added to the outstanding balance once we receive your hardship form.

 

Exercising the continuous payment authority is not a choice but an obligation we have to follow according to the Loan Agreement. You have already been advised how to cancel the continuous payment authority with the bank.

 

The recorded voicemail messages our system sends out to your registered mobile phone number are in accordance with the Data Protection Act as the number was verified during the registration. Providing access to your mobile phone to a third party is a choice of your own.

 

The default balance £1789 calculated from the date of issuing the 11th of August 2012 to the default date the 29th of December 2012 consists of the following:

Loan principal £400

Interest in total £564 (1% of the Principal per day)

Overdue penalty £25 (was added on the 1st day overdue)

Overdue penalty £55 (was added on the 3rd day overdue)

Debit Attempt fees in total £645 (every unsuccessful attempt to receive the repayment costs up to £5)

Debt Recovery fee £100 (was added on the 30th day overdue)"

 

The statement of the FOS not having any involvement in unfair charges I think is incorrect and made up by microcredit.

 

Is this correct?

 

Cheers

Skelly

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own thread created.

 

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 default balance £1789 calculated from the date of issuing the 11th of August 2012

to the default date the 29th of December 2012 consists of the following:

 

Loan principal £400

Interest in total £564 (1% of the Principal per day)

Overdue penalty £25 (was added on the 1st day overdue)

Overdue penalty £55 (was added on the 3rd day overdue)

Debit Attempt fees in total £645 (every unsuccessful attempt to receive the repayment costs up to £5)

Debt Recovery fee £100 (was added on the 30th day overdue)"

 

all in red are reclaimable,

 

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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Ok so the £564 interset is still valid therefore i would have to pay £964, surely since i this interest to date, and i have been contesting this for several months with them then the interest for that period can be claimed back as well?

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n ot quite correct at £564

 

what you need to do is bung the bits in red

along with the date of EACH ONE [individual charges not the lumped sums]

 

into this spreadsheet.

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

 

then take that figure off the total owed £1789

 

if you've got the statements easy

 

if not you'll need to get them

 

either from their website or by SAR.

 

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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link done

 

so they have failed the sar?

 

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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Ye they failed the SAR, informed them that they have to send me a hard copy and they ignored me and did not respond.

 

Also I informed them that when they call me with a recorded message that does not perform checks to confirm who I am it is a breach of data protection, but they think that because I confirmed my phone number when I got the loan that they do not need to carry out any checks.

Edited by Skelly1983
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muppets.

 

fire a letter off to the ICO and copy in minicredit

 

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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