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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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Letter from drydensfairfax re old HSBC debt


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Hi Welcome to CAG,

 

Until a debt collector states exactly what they are after ignore them this is just phishing.

 

Please check your credit reference file for a clue, Experian (creditexpert) and Equifax have free 30 day trials Noddle is free but not always upto date. Get this done before doing anything.

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oh and i thought they were a solicotors not a debt collector

 

They are the amalagamation of two so called firms of solicitors but their core business is debt collection.

 

If it's not on CRA files wait for the next letter then we can act.

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  • 2 weeks later...

Ok time to test the water with an SB letter this does not acknowledge the debt and cannot restart the 6 year clock.

 

The Head of Compliance

DrysdenFairfax.

 

Ref: as on their letter.

 

Sir/Madam,

 

I refer to recent communications regard a debt for £xxx .xx which it is alleged I owe to Max recoveries, please take note I do not acknowledge any debt to DrydensFairfax or Max Recoveries.

 

I have researched my credit history and have concluded that any such alleged debt is statute barred and I will therefore not make any payment or offer of payment in regard to this alleged debt.

 

I would remind DrydensFairfax that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the account is not statute barred falls entirely on DrydensFairfax and or its client.

 

I am fully aware of the OFT Guidance 2003/2012 and the sections regarding the pursuit of statute barred debt, and suggest that the file is now returned to your client and the processing and storing of all data relating to me ceases immediately.

 

Send by RM recorded delivery.

Edited by Conniff

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Hi get the letter off by recorded delivery and please stay off the phone DF can be very manipulative.

 

They are a firm of solicitors but the core business is debt collection.

 

What ever DF might say, imply or insist verbal contact regardind a debt does not constitute acknowledgment, only an unequivocal written admission of liability can restart the clock. (source OFT Guidance on Debt Collection 2003/2012).

Edited by BRIGADIER2JCS

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  • 2 weeks later...

Basically it means Drydens have no data/documents other than your contact details and the amount of the alleged debt and the name of the creditor, so have to ask the ''client'' for information. Max recovery is just another DCA.

Have you checked your credit reference files does ownership of the debt show under the banks name??

 

Nothing to worry about!!

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OK see my post 21# nothing to worry about at al all seems as we discussed at the start of the thread.!!

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Hey come on not dim at all if you have never experience or dealt with people like this it is a confusing process at times, but don't worry over this.!!

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This dreadful alliance of two of the worst so called ''solicitors'' which have a core business of debt collection just use the title ''solicitors'' to intimidate alleged debtors and are no better but maybe worse than the ''normal'' DCAs who use solicitors for rent!!

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  • 3 weeks later...

Hi welcome to CAG.,

Is this a mortgage short fall?

So around 7 years ago, and I take there have been no payments since the repo?

 

Yes the envelope breaches OFT Guidance on Debt Collection regarding ''communicating in a way likely to be ''publically embarrassing to a debtor''.

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Ok do you know if the mortgage lender was a member of the Council of Mortgage Lenders, as this body and it's members have stated that they will not pursue mortgage short falls after 6 years instead of the Limitation Act 12 years].

How long ago was the last ''offer'' made please?

 

I am think along the lines that if there is a clear period now of 12 years with no payment or written acknowledgment of the debt, we can approach this as being statute barred on the ''12 year limitation'' or even on the 6 year one according to when the debt was passed to a DCA as I believe that it is then no longer a mortgage short fall.

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Here is some information that might be of help.

 

http://www.cml.org.uk/cml/consumers/guides/debt

 

http://www.cml.org.uk/cml/home

Brilliant CB thank you!!

 

I think we can play this one from both CML 6 years and/or LAn1980 12 years.

I'm going to speak to a colleague who is well versed in ''Mortgages Under Seal''

in the morning and then post a letter here.

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I have conferred with colleagues and the opinion is statute barred, so if you would like a draft to send please let me know.

  • Haha 1

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Thanks for that, I'll let you know how I get on.

Take care with the phrasing of the letter, it should be addressed to the Compliance Manager at DF.

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I will, thanks. Copied your template to use, and I will also take them to task over the breach of confidentiality with regard to the window envelope showing the details of the debt, amount, address of property repossessed, name of DCA; I'm sure they did this to purposefully embarrass us into picking up the phone.

Please make sure this is sent by recorded delivery and check when DF receive it!!

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