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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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Missing Monthly Data on Credit Report Entry.


andy1886
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I'm sure that you're right Brig, they seem like decent enough people but it must be like trying to fend off a herd of elephants with a blade of grass.

 

Perhaps if a precentage of the fines went to fund the ICO then they might be able to afford more staff.

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  • 1 month later...

Great News!!

 

HFC have caved in and corrected my record to show a default (8) status on my account dating back to the end of September 2007.

 

This means that the record should be removed from my account by the end of this month!!

 

This shows it really is worth keep nagging away at them until they give in.

 

If anyone else has the same problem (account showing years of arrears but not being defaulted)

 

do quote the ICO guidance on issuing defaults and insist that the bank applies it.

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hey well done

 

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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now on to the reclaiming...

 

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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Thanks DX,

 

I have the SAR information although there isn't half the stuff I would have expected (no reference at all to their collection agency that I dealt with briefly).

 

I need to go through it and see if I can spot any charges/fees that may have been applied.

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no PPI or life?

 

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...

Just when it all looked sorted....

 

I checked my Experian credit report early October and hurray! the entry from HFC had been removed as it was over 6 years from default date.

 

A few days later I apply for another course with the O.U. (I have been with them for 24 years on and off and always paid through my OUSBA account which means I can pay monthly, without this I would have to pay up front which I couldn't do). Result? Rejected application!!

 

I check my files and guess what? On the day of my application my HFC entry had been put back on my file with a single '6' entry again under HSBC Bank (HFC's parent company).

 

Luckily I had not closed my compaint to the ICO and they have got as far as writing to HFC now for an explanation. It does however mean that four years of study I cannot continue with the O.U. and all my time and cost of the courses has been for nothing.

 

HFC/HSBC, scumbags the lot of them.

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but the default date should not be diff?

 

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

6 means default.

 

nasty lot

 

that's against ico rules

 

demand it is removed

 

as you say pull the co's chain now by phone

 

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

The previous entries were all '6's which the explanation states means more then 6 months in arrears. When they actually changed it to a default this was shown as an '8'.

 

I have contacted the ICO again and sent an email to my case worker with all the details so that they can find out wtf HFC/HSBC think they are doing.

 

I hope that there is some form of divine afterlife justice and that these nasty people end up somewhere suitably warm and painful.

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the fact that HSBC are now being shown against nearly all delinquent HFC debts

is a process started recently.

 

it may just be the case

[and I hate to support any kind of excuse where HFC are involved]

that thischangeover is automactic

and was already in progress before you got this resolved.

 

so thus the 'changeover' process didn't know about it happening.

 

I suspect it will be resolved and put down to an admin or computer error.

 

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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  • 2 months later...

SUCCESS!!!!! The ICO have ruled in my favour and HFC/HSBC have been instructed to remove my record from all the CRA's files.

 

They were found to have not complied with the advise on registering defaults which means my entry should have been removed after 6 years in September 2013.

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yes good result.

 

silly computer error I bet excuse

 

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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