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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Hi everyone - I'm in a sticky situation. I went to live abroad for some time in 2015 and I'm back now.

I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed.

I just received a letter from Cabot today saying that I owe them a balance of £1347.86.

I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft.

I can't remember the exact details but I assume they said the debt was written off, otherwise I would've paid the debt right away then.

This also makes what Cabot are saying quite confusing because they're saying I still owe this debt and that the fee is larger than I was told by HSBC.

I phoned Cabot right after I got the letter and they told me that it was probably Direct Debit that caused the fee to be so high.

I had no Direct Debit and I never admitted liability.

I asked whether they have the T&C's of the agreement I had with HSBC, to which they said no.

I also asked if I could have evidence of the debt but they said they didn't have anything on their side and they'd need to make a dispute with HSBC.

For that I said, I'll contact them myself and get the details so they'll put the account on hold.

What do you guys think?

Someone told me to get this all in writing sent to them either in email or post.

Should I do that?

Please let me know what to do since I have no idea!

Many thanks in advance.

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slightly retitled and moved to HSBC forum.

1st things 1st

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers

 

never ever ring a DCA..

 

if the balance is charges etc

which are unlawful anyway....i'd let cabot do their worst and issue a court claim.

 

you could if you wish WRITE to them

clearly stating along the lines of:

 

Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009).

 

I will contend at trial that such charges are unfair in their entirety.

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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Thank you sir! I'm new to this world so all your help is greatly appreciated.

 

Am I right in understanding that if the account was closed due to overdraft fees etc then there is no legal basis for them to chase me?

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no

HSBC closed it on their books

and sold it on to a fleecing debt buyer

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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IF and it's a big IF, they issue a court summons then pop back here and a suitable defence can be advised, there's no chance this would ever be successful in front of a judge

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Could would be a long way off if it ever happens. There's a lengthy procedure they have to follow

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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Not applicable to Overdrafts.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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  • 1 month later...

Hi guys. I made a post before here about my HSBC OD fees being claimed by Cabot.

 

Recently I got a job offer but need to do an SC clearance.

I heard my default from here will come up on it.

 

The problem is HSBC originally closed this account and because of Cabot it still registers as default with a highly inflated fee that I supposedly owe.

 

Is there any way to mitigate this?

 

I don't want the people reviewing the SC to think I'm ignoring this debt nor that the number Cabot shows is correct.

 

Thank you so much!

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whats an SC?

 

threads merged please keep to one thread

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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unless theres a CCJ it shouldnt hurt you no.

 

when did you go bandy on the od?

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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Okay thanks a lot dx100uk! If I get the job a big donation coming you guys's way.

 

The OD was around 2015.

But on my credit check it's still pretty recent thanks to Cabot buying it a few months ago.

Does that affect things?

 

Ah looking at it now...

The default for the OD was in 2016 but Cabot seems to have listed it only a few months ago.

I literally have a string of 0's until it pops up for the last few months

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doesn't matter who lists it as long as the dca/debt buyer doesn't alter the defaulted date filed by the original creditor.

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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Sounds good.

 

Is it worth mentioning that the DCA have jacked up the owed sum and that they haven't asked HSBC to find out the actual sum?

 

My worry is that the vetting team will look for evidence that I'm not avoiding the debt/I'm making means to pay it.

 

Obviously I shouldn't pay it based on your previous advice but I do want to look as good as possible to the vetting team.

 

Any thoughts?

Edited by iamgnome
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dca didnt jack it up.

only the oc can add anything.

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

to whom?

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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why have you got to say anything.

its a default not a CCJ.

 

the balance is most probably all unlawful interest on unlawful OD charges vicious circle that HSBC levied anyway

and this can be disputed with them directly.

 

a dca certainly is not going to get anything much if anything out of you even in court.

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 weeks later...

Hello everyone.

 

I got another letter from Cabot today.

 

They claim I could send them a final settlement offer which 'will see your balance paid off at a reduced amount, and it will be marked as such on your credit file'.

 

Is this worth disussing?

 

I understand they won't win in court but will paying off make a credit report look better?

 

Thanks!

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