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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
        • Like

Minicredit\Opus


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Due to my own stupidity I got into a mess and ended up having take out a DMP with StepChange last summer . Minicredit/Opus have so far refused to accept the payments sent to them by Stepchange and are now emailing me, and I presume ringing me but I don't answer withheld numbers.

 

"OUR PAYMENT IS NOW OVERDUE

 

You will be receiving a letter from Opos Limited within the next few days if you have not already. Opos Limited is a debt recovery firm instructed by our client Mini Credit (https://www.minicredit.co.uk).

 

We have been instructed to collect the outstanding balance of XXXX in relation to the monies outstanding.

 

Immediate action is required to resolve this matter to prevent any adverse effects towards your future ability to gain credit.

 

Therefore it is in your best interest to contact our office immediately on 01413757403 , email us at general@oposlimited.com or make payment and manage your account by going to our website http://www.oposlimited.com (PIN:XXXX) and quote your reference OPXXXXX

 

If this matter remains unresolved our client may have no other option than to pass your details to their specialist doorstep collection service.

 

We hope this matter can be resolved without this action and look forward to receiving your payment."

 

 

 

Checking my records and bundles of letters recevied shows that they're already failed to send a requested breakdown of thecharges. I've emailed them to request a breakdown of the charges and their response has been

 

"For data protection please confirm the first line of address, post code and date of birth."

 

I'm somewhat puzzled by this as they have the right name, reference number and email address so why ask again. I can provide those details but I'm wary

 

Thoughts ?

 

My general thrust is that a DMP was agreed with all other creditors yet Minicredit/Opus are refusing to take the money sent to them so I'm happy to stand in Court and say that a) I'll pay what I owe, less any unlawful charges and b) refusing to accept payments under a DMP is not helpful or friendly

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Hello,

 

The fact that they are ignoring your wishes to use Stepchange is a breach of the OFT Debt Collection Guidance AND The Lending Code. You should ask for a copy of their formal complaints procedure and specifically ask why they are not allowing themselves to be included in the DMP along with everyone else. Make it clear that you'll take it to the FOS. If the FOS accepts your complaint they'll get stung in the region of £500. I think lenders get 20 'free' complaints then it's a large sum every time a complaint is taken on by the FOS.

 

Hope you find this useful.

 

- Seq.

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Also of note. Opos is minicredit. Same office, different desk, different mail redirection centre.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Latest from Minicredit/Opus

 

"I will start a client query for the information you have requested, once we have the information from

 

Our client we will contact yourself.

 

 

 

Can you confirm if you are still dealing with step change debt charity ?."

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Finally got an answer just in time

 

We can see from your forwarded e-mail messages that you have previously been in contact with Opos Limited requesting the breakdown of charges.

 

 

 

Your loan of GBPXXX was issued on the 3rd of May 2013 for the period of 25 days. The due date was chosen by you to be on the 28th of May 2013 when you had to repay GBPXXX.

 

 

 

The total outstanding balance GBP347.00 from the date of issuing (3rd of May 2013) until the 14th of June 2013 consists of the following:

 

 

 

1. Loan principal GBPXXX

 

2. Interest in total GBPXX.XX (1% of the Principal per day)

 

3. Overdue charge GBP25 (was added on the 1st day overdue)

 

4. Overdue charge GBP55 (was added on the 3rd day overdue)

 

5. Debit Attempt fees in total GBP25.00 (every unsuccessful attempt to receive the repayment costs up to GBP5)

 

6. Debt Recovery fee GBP100 (was added on the 30th day overdue)

 

 

 

 

 

Microcredit Ltd received the loan application for GBPXXX on the 3rd of May 2013 which was approved and the funds were made available on that day. The due date of the loan was chosen to be the 28th of May 2013 in the amount of GBPXX.00. Microcredit Ltd received the first correspondence from You regarding the loan on the 29th of May 2013 (1 day after the due date) when You contacted our claims department. The complaint e-mail was replied on the 31st of May 2013 advising you of the Hardship Procedure. You were advised to provide the budget sheet within the following 7 days to apply for a repayment plan. As the form had not been returned to us, the interest frozen and the debt recovery fee GBPXX added on the 14th of June 2013. The account was forwarded to our debt recovery and legal partner Opos Limited.

 

 

 

Microcredit Ltd provides short term payday loans. The Customer chooses the due date him/herself and it is also possible to apply for the roll-over latest on the due date and keep the loan for another period of time if the credit check result allows You to. The Loan Agreement was signed by Yourself and sent to the e-mail address You entered on our webpage during the registration. According to the Loan Agreement You have to make all payments with a debit card and the only possibility to make payments is available on Your MiniCredit.co.uk online account.

 

 

 

The following information has been taken from the Loan Agreement:

 

 

 

Default Charges

 

Interest on any sums in arrears will be charged at the contractual rate set out above, both before and after judgment, until payment. Interest will not be charged on any interest or Default Charges applied to your account.

 

The following charges will be added to your account if you do not repay or if we are unable to take payment from your debit card on the Payment Due Date:

 

 

 

If you do not pay or we are unable to collect full payment from GBP25

 

your debit card on the Payment Due Date.

 

 

 

If you do not pay or we are unable to collect full payment from GBP55

 

your debit card on a second attempt two days after the Payment

 

Due Date.

 

 

 

Charge for each subsequent attempt to collect payment from GBP5

 

your debit card after the first attempt.

 

 

 

You will also be liable to pay us any reasonable expenses and costs that we may incur in tracing you, or enforcing, or attempting to enforce, our rights under this Agreement.

 

 

 

Allocation of Payments

 

We will apply any amounts you pay us towards interest and charges before we pay off any amount you have drawn down.

 

 

 

Missing Payments

 

Missing payments could have severe consequences, including legal proceedings being taken against you. We may provide details of any missed payments.

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3. Overdue charge GBP25 (was added on the 1st day overdue)

 

4. Overdue charge GBP55 (was added on the 3rd day overdue)

 

5. Debit Attempt fees in total GBP25.00 (every unsuccessful attempt to receive the repayment costs up to GBP5)

 

6. Debt Recovery fee GBP100 (was added on the 30th day overdue)

 

All 100% unenforceable and unlawful. There are plenty of threads/posts on this forum and others to back that up.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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