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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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control debt solutions and an IVA - owe more now then when i started.


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Sorry to butt in here Zararh but you may wish to remove this post and delete your name and address first. Up to you of course but I have posted before and always been advised to blank out personal details.

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  • 4 weeks later...

ok so im just now doing letters abut the token payments to barclaycard, capital one, welcome finance.

 

Can anybody confirm th head office addresses just so i can make sure im sending them to the right places. Thanks.

 

I want "in control " out of th picture cos there rubbis. i asked them for debt total weeks ago and im still waiting. there saying they have to request the information from the creditirs. surely they shoul already have this information:confused:

 

Also i have not bothered to reply to 1st credit and havnt heard a word since the first letter!!!

 

Im gonna try and upload the welcome finance forms again.

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well the cca is a mess

 

1 no overall total

 

2 the total charge for credit is very wrong see Wilson v ist county

 

3 there is no interest rate quoted only a APR which i can only think a 2 year old has work out.

 

In regards what you do with info it is to you.

 

Let me be clear i would take this to court. However you may which to take legal help

 

 

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so, ive been arguing with the DMP company for the last few days. Basically i have been asking them for weeks to find out why the debt has gone up and down and to get me new otals. They point blank havnt done this. He keeps fobbing me off saying he has to write to the creditors for totals. Surely they should have this information? so i basically said i aint paying a penny till i find out why its going up and not down. so then he threatened to close the account. I just said do it frankly i think there pants!! he said :

 

Dear Zara,

 

Many thanks for the email detailed below. I will get all of the paperwork we hold for you sent back today.

 

With regards to thinking you are on an IVA we have never offered IVA`s as a company and if you have paperwork from us showing this I would be highly surprised. With regards to your current balances, they may well have gone up since taking out the plan but I would like to make you aware that this would be largely due to the fact of your sporadic payment history. The most important part of a debt management plan is to keep up with the monthly payments or any arrangements that we make may break resulting in interest and charges. Below is a table of your payment amounts and dates:

 

06MAR200780.00 Direct DebitNo

10MAY200780.00 Direct DebitNo

02AUG200780.00ZC RHODES 17013628Standing orderNo

04SEP200780.00ZC RHODES 17013628Standing orderNo

03OCT200780.00ZC RHODES 17013628Standing orderNo

02NOV200780.00ZC RHODES 17013628Standing orderNo

04DEC200725.00ZC RHODES 17013628Standing orderNo

18MAR200815.00000173Bank-giroNo

08APR200810.00000173Standing orderNo

24APR200840.00000173Bank-giroNo

27JUN200850.00000173 LIVERPOOL STREETBank-giroNo

16JUL200830.00000173 LIVERPOOL STREETBank-giroNo

12AUG200840.00000173Bank-giroNo

07OCT200845.00 Bank-giroNo

03NOV200845.00000173Bank-giroNo

02DEC200835.00 Bank-giroNo

30DEC200845.00 Bank-giroNo

26JAN200945.00000173Bank-giroNo

23FEB200945.00000173Bank-giroNo

25MAR200930.00000173Bank-giroNo

20APR200940.00000173Bank-giroNo

 

 

This illustrates the difficulties your plan faced and is the reason that it ultimately failed.

 

In regards to offering your creditors token payments, indeed they have to accept any level of payment towards an account, whether it is £1.00 or £100.00. However, it does in no way mean that they are obliged to freeze interest or charges or stop commencing any potentially legal action. If you have been informed of this then I am afraid you have been ill-advised.

 

Once again, I am truly sorry that your plan did not work out, but given your circumstances and the fact that things are extremely tight for you at the moment, I would recommend seeking advice from a charity such as the citizen’s advice bureau. They will more than likely set your plan up to pay just £1 per month to your creditors. Which at this point will suit you but obviously will not really help to get you out of debt.

 

Finally, I sincerely hope that your situation improves and that you can enjoy a debt free future as soon as possible.

 

Yours truly,

 

Steve

 

Originlly there was 4 debts, barclaycard,welcome finance, barclays overdraft, capital one.

 

I have cleared the barclays overdraft which was 300 odd and as u can see i have paid the DMP over a grand yet the debt as gone up?!? any advice?

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Dear Zara,

 

With regards to the IVA`s we can give a limited amount of advise regarding these, but as I have stated previously, we do not offer them as a solution within In Control Debt Solutions.

 

With regard to the payments on your account. The fact that many payments were missed is entirely responsible for the failing of your plan. We set payment arrangements p with your creditors to expect payments every month. They in turn set arrangements to this effect and commonly, when a payment is missed, the arrangement breaks.

 

However, I have been doing some research for you and I can discovered an even better way for you to combat your debt issue. The government has created a different solution call a `debt relief order` I believe that you may be able to get one of these and as far as I am aware all of the debt is cleared. It is for people that have below £15,000 of debt and can’t afford more than £50.00 a month. I would recommend that you contact the CAB to enquire about this as I do believe that you qualify.

 

With regards to a potential refund of you set up fee. I am afraid that as I have previously stated In Control has acted how it can given the circumstances of your account and I am afraid that a refund would not be possible. Furthermore your initial payment was made to a company called Yourclear. This company has now gone in to liquidation. I am concerned that this company may have given you some sort of indication that you could have been on an IVA but it certainly would not have been In Control.

 

Once again I am sorry for any issues that have a risen and seriously hope that a solution will work for you. I seriously hope you can enquire with the CAB re a debt relief order.

 

Steve

 

 

I as never made aware of the company going under!!!!! Are thy allowed to do this? take over the account without bothering to let me know 0_o

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