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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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Welcome Finance / Lowell DCA


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Dear Sir / Madam

Further to my e-mail below please note the following:

Please ensure all further communication is made direct to myself as I do not wish to pursue with Claim Company as stated in separate e-mail today

Whilst I agree to the Offer of refunded PPI Payments, I do not accept that that this payment be made as offset to any third company as there is no provision in Law for any such arrangement. All Monies to be returned are requested to be paid direct to myself

Please provide me with a full breakdown of any such outstanding balance showing WFS Justification of this and detailed structure including payments received from myself. Justification should also include why this notification of outstanding balance has only occurred 4 years on and not at time of completion of Car Lease

I look forward to your prompt response

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about what?

 

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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I phoned to check that they received the written request as above and advised that their is a law that allows them to offset against outstanding arrears on account which is covered in FSA Full handbook under Compensation 4.4?

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With regards to the outstanding balance - I am now informed that this is for Liability insurance and I have to make a formal complaint to the compliance dept. @ Welcome Finance who can look into why there is an outstanding balance as apparently a letter of Liability was issued????? and they can make a suggestion on how to proceed.

 

Any suggestions on how to word this e-mail?

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yea why did the GAP not cough up!!

 

if not time to reclaim it!!

 

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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Share on other sites

I phoned to check that they received the written request as above and advised that their is a law that allows them to offset against outstanding arrears on account which is covered in FSA Full handbook under Compensation 4.4?

 

 

does not apply if the debt has been SOLD

 

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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Share on other sites

Thank you. PPI and GAP remained which is where this £3071 comes from.

 

GAP repayments only worked out at approx £15/month and car was returned 4 years ago so don't understand how they have come to that figure???

 

How can I word the request to compliance department for full breakdown and Investigation as to what has occurred?

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Did you send Welcome a SAR and, if so, does it show anything about Liability Insurance and any outstanding balance.

 

If you haven't sent an SAR, perhaps you should do this now.

 

See here about case law regarding the proposed set off - http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**&p=3572871&viewfull=1#post3572871

 

:-D

We could do with some help from you

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Thanks !:-)

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Yes they can if the arrears are valid and IF Welcome still own the a/c or debt.

 

But you have told us the a/c was sold to a third party, in which case Welcome have no connection with the debt and they have no right to set off.

 

:-D

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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That is correct. The 'debt' was sold to Lowell Group as of 29/08/2012.

I told FO this was the case and still had the response that they are able to

 

Welcome response was they have lost money therefore this is set-off to re-claim the money they have lost

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The FOS told me exactly the same when I made a complaint about a set off being used to clear a balance owing on an a/c sold to a third party DCA. The Adjudicator made a formal decision saying it was fair for such a set off to be made.

 

I disagreed and asked for a review by an Ombudsman, who agreed that the bank had no right in law to apply a set off to an a/c sold to and held by a third party.

 

This was decided less than 6 months back.

 

:-D

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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are they both sold then?

 

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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sorry should have added the other account was for a loan couple years before which was paid in full. During calls with Welcome they did confirm this. The offset is only against one account

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ok so nothing outstanding to welcome

 

so no change

 

they CANNOT off-set.

 

the debt they are trying to off-set 'A' PPI refund against has been sold.

 

i think you need to reject the offer

[their timescale means nothing, they cant take 'a default action' as no remit exists]

 

get that SAR off

 

what others do you hot know about....

who's saying the refunds are even correct

 

we/you cannot even begin to sort out this mess without written proof

 

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 CMC advised that the offer lined up with their calculations

 

I have requested all written document as you advised

 

The welcome account (s) do not show ony credit file and only other is mbna however have no old documentation and credit file blanks the account number so they are claiming they cant find my account on system

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who MBNA

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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Share on other sites

darn.

how did you ever pay it

bank transfers carry full numbers on statements

 

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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