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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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Moorcroft gone quiet (c. 6months?) after chasing PDL, want to negotiate though.


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This is a follow on from thread 399587 - as suggested in there.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?399587-DCA-s-stopped-contacting-me-want-to-set-up-some-form-of-plan-though.

 

Moorcroft were chasing for £400 (error in previous thread, I said £260 - as I'm sure thats the amount asked for in a previous letter.. Yet my Credit Record says £400. :|) regarding a PDL taken out at the dreaded W-word. This was taken out 30/04/2012; and then defaulted on 07/08/2012.

 

Moorcroft began attempting to recover this around December or so, and sent out the usual scare-mail, but stopped around March. Since then I haven't heard anything, and I have had a sharp decrease in the amount of phone-calls I've ignored. (If I don't recognise the number, I don't answer.)

 

Surprisingly, simply ignoring them appeared to have put a spanner in the works, and they've stopped chasing it. :!:

 

As circumstances have changed, I've decided to try and put it right, if only to prevent any further action - and perhaps getting the balance down (considering it's reported on my CR as outstanding debt). It will also stop this from hanging over my head and I can stop fearing them coming after me at any time, of having a bad letter in the post or a knock on the door. It's doing my head in a bit to be quite honest with you.

 

 

 

My main concerns are:

  • Have they even got the debt or have they sold it on?
  • Are they going to play games when I'm genuinely coming forward to put an end to this situation?
  • If I let sleeping dogs lie, whats the worst case scenario?

Essentially I'd like to open contact with whomever owns this debt and:

 

  1. Confirm they are in possession of the debt. (CCA Request?)
  2. Confirm that they haven't sold the debt. (SAR?)
  3. Confirm that upon paying off the account that they will report the account as settled at £0 to relevant CRAs and provide me with a valid receipt/letter confirming the status of the account (i.e settled. I will ask for this in writing prior to making the first payment?)

Is there anything wrong with this idea? If so, who should I contact - the original creditor or the last known collections agency? (I'm guessing the OC!) Are they likely to confirm these things in a reasonable manner, or am I going to have to go the route of "In accordance with OFT guidelines, until I have the requested information it's a deceptive and/or unfair business practice to commence collections activity" and so on?

Edited by citizenB
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Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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Do you know if Moorcroft are the "owner" of the account or are they simply collecting on behalf of the original creditor ?

 

 

You can establish if an assignment/sale has taken place by sending the letter attached below. Once you have established who owns the debt, you can then ask them to supply a breakdown of the amount owed and make an arrangement to pay them. If you only entered into this agreement last year (2012) there is very little point in asking for a copy of the agreement. Although you do need to know how the account has been serviced and what default charges have been applied.

 

[ATTACH]45748[/ATTACH]

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Do you know if Moorcroft are the "owner" of the account or are they simply collecting on behalf of the original creditor ?

 

 

You can establish if an assignment/sale has taken place by sending the letter attached below. Once you have established who owns the debt, you can then ask them to supply a breakdown of the amount owed and make an arrangement to pay them. If you only entered into this agreement last year (2012) there is very little point in asking for a copy of the agreement. Although you do need to know how the account has been serviced and what default charges have been applied.

 

[ATTACH]45748[/ATTACH]

 

I'm not sure at all unfortunately, this is partly why I'm concerned regarding who to contact.

 

That sounds like a much better letter thanks! I was confused as to how the best way to get that information would be, and simply assumed going for a copy of the CCA may help me a bit.

 

I'm at work at the moment but will sort that letter out when I get in, I have a few I need to ship off now!

 

Does the CRA file show Moorcroft as the owner?

 

I can't see any references to Moorcroft at all. I never knew it should show the owner of the debt as well as the original creditor, doh!

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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