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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Vanquis have a bad reputation for just adding the ROP,

 

Did you ask for at point of application? or any time after it?

 

if no then THEY added it, see Para.7 of those terms,

 

personally I would do as I did and ask for the original documentation that specifically stated that

"I" asked for it AND requested it,

 

they couldn't, a full refund of all ROP payments claimed and paid.

 

They then tried so many different DCA's to claim back the debt, but for me it went to the hilt

 

Then one final DCA.

 

Then I offered a F&F of £50.00 which was accepted,

 

specific T&C's for the F&F and then only if I had it in writing, which I now do.

 

From my experience of Vanquis it is a bad company and will pass on the debt as soon as you make a noise

to get back charges and fees.

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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get an sar off to them £10.

 

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 all,

 

with regard to mikeymack,

 

my complaint about ROP isn't that they applied it when I didn't ask for it.

 

The complaint is that if my account was over it's limit and I went to make a purchase,

the card would be declined because there would be no funds (or credit) available.

 

Vanquis however charged ROP as a transaction to the account even though it was over it's limit

& therefore no funds were available for the transaction. Sound reasoning?

 

DX, I have already asked for a SAR, all I received was a list of transactions on the account.

There was no signed credit agreement,

no terms and conditions & more importantly no audio copies of any phone calls

I made to Vanquis or that they made to me, (no surprise then!).

 

I am now going to write back demanding all of the above plus proof that no interest was charged on the ROP after 2010

even though on their website it states interest will be charged on ROP.

 

I will also remind them that if they go to court,

they will have to provide all this information,

or anything else that they intend to rely on.

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I think a DSAR is the way forward,

bring it to the attention of the Data Controller and mark it Private,

 

I too had this issue and found them to be very lacking, no matter which way I went,

 

I was charged so much in late/over fees it was unreal,

but as stated above and in my own post re Vanquis took me so long but in the end got it sorted.

 

They also tend to lose important documents unless sent recorded delivery,

then they seem to act on it, go figure,

 

please take this advise if anything,

 

keep every single letter and envelope from now on as they tend to say that it was sent out when it was not,

 

suffice to say it took me to take them to court and they folded on the day,

 

then sold the debt on because it was not worth the agro of a Judge seeing the collected evidence that I had.

 

But in the end it was me that got the best deal in the end and not them.

 

Good luck

 

 

MM

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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how old is your sar request

 

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

so twice they've never sent things like

comms log

and page copies of each statement?

 

as for:

There was no signed credit agreement,

no terms and conditions & more importantly no audio copies of any phone callslink3.gif

I made to Vanquis or that they made to me, (no surprise then!).

 

you wont get those

 

 

 

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

Hi Dx, they sent written transcripts of comms logs & a list of tranactions (not actual copies of statements). The reason I mention audio copies is because in their original letter, they say they have reviewed the recording of the telephone conversation at the opening of my account. This they say proves I asked for ROP, however they have not provided a comms log of my asking to cancel ROP.

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ah sri my bad

 

yes you need to demand copies of the items they are relying upon to refuse your reclaim.

 

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

  • 4 weeks later...

Hi Dx / ims,

 

Have sent request for all paperwork to Vanquis which should be with me by Friday (according to Vanquis).

 

I have checked my list of transactions on the account and, yes, they did not charge interest from Sept xxxx.

I'm not sure how this will affect my claim.

 

Interestingly, I have had two phone calls from Vanquis this week,

 

one to appologise for not sending all info required in SAR (which is now on it's way).

 

The second phone call was to ask if I would be prepared to accept an increased offer as a gesture of goodwill.

 

I'm begining to think that they think they have done something wrong and by upping the offer hope I will accept & go away.

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yes you are learning!

 

with the interest issue

 

it'll be simple to calculate things

when you get the info

 

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

Hi Dx,

 

I have received the paperwork from Vanquis (CD of audio recordings in post).

 

I had originally based my figures on the APR on my account, (41.1% APR)

 

but after looking at the terms & conditions (finally sent!) it seems that the ROP is charged at 16.63% APR.

 

I have 2 questions,

 

If they did not charge me interest after September XXXX,

 

can I only claim the actual payments back?

 

And, do I assume I use the lower APR in my spreadsheet calculations?

By the way, they have upped their offer yet again.

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run the cisheet till end of 16.62% you'll now use

 

take that total

 

pop it in the statint sheet from the day after they stopped interest [one single entry]

 

you are entitled to 8% statint

on the total resulting from their interest charged period till the day they settle

 

StatIntSheet v101.xls

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

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