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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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Archer V Monument **WON**


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ok i sent off my SAR on the 2nd Feb 07. got a call off customer services saying they received it on the 15th feb.(?) and that it would take a bit longer to get the SAR as they were archived.i asked if it would be b4 the end of march as that was when the 40 days were up and they said of course as they knew the law!! well...........the 40 days are up and no sign of the SAR i requested! ive got the template off here and am sending it later.but what i wanted to know is who do you report them to for non compliance? ive had a look round and cant find it.:???: i also need to report another company as they failed to send a true copy of agreement within the 12 days.can anyone help?

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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well a day late but the "statments" arrived its a list of charges applied to my account.theyve said they supplied them free of charge and credited the £10 fee to my account.also in with the SAR was a letter basically telling me that all charges were applied properly etc etc.ah well off to calculate how much they owe me

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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You're in for some fun here.

They'll offer you the difference between the old, £25 charge and the new, £12 charge. Thats what's happening to me at the moment.

So make sure you have your rejection letters at the ready.

 

I'm sending LBA next, see what happens after that.

Be VERY careful whose advice you listen too

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oh no not another one! capital one are doing that at the moment to me ive sent them an LBA now

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

curlyben, This might help you. Good luck.http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 1 month later...

ok i havent heard anything from them now for about 3-4 weeks.ive questioned the execution of the CCA.....not sure what theyre going to do now?!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

  • 4 weeks later...

had a phone call off monument today( they mustve put my number on file when i gave it them for the query about the statements,cheeky beggars)

she wanted to inform me that i was in arrears.so i said that ....do you know that u haold no agreement for this account and it has now become a criminal offence.i have reported you to OFT and TS and that by phoning me today to try and enforce it you have comitted another criminal offence?

she said "oh" lol and hung up

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

Blimey Archer .Thats the way to tell em. :D

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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yea i thought so too thank you! well i havent heard off them since i sent the letter saying the CCA wasnt executed properly.

see parkvale im not having a blonde day today!!! :D

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

This isn't you having a blonde moment when you receive your cheque

0001-0406-0214-2508_SM.jpg

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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lol!!! u and ur pictures! theyre soooo funny! i wish i had received my cheque!!! ive never been very lucky though :(

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

  • 2 weeks later...

well another phone call today off someone called shila.asking y i am not paying my account.i tried to tell her that i hadnt received a credit agreement and she said what credit were u looking for ?did u want an increase!!??? she couldnt understand what i was saying she said she didnt have to take my number off file and i told her i knew different.i told her that ive sent the letters to them asking them for the agreement and it was now upto them to send the info and i wasnt prepared to get in touch again.she kept telling me to phone customer services to speak to someone and i told her i wasnt going to as ive said all i had to say in the letters.she kept on insisting i did .how flipping annoying!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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Share on other sites

  • 2 weeks later...

3 more calls this week even though ive told them to take my number off the system!

ive had a number left on my answer machine by trading standards that i have to phone monday will let u know what they say

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Another one'll be biting the dust soon eh' hun?! Keep at 'em.......... you're like one of those little yappie dogs biting at peeps heels so I'm sure you'll be winning this one sooner rather than later!!!!!!!! xxxxx ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Nice one archer.

Well they've completely stopped calling me and still haven't supplied a correct CCA, just the normal application form.

Oh well there's another one ;)

Be VERY careful whose advice you listen too

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thanks hedgey as always

and ben well done! about time they got the hint!

i sort of see myself as a rotty tho not a little yappy dog.....

im not sure what its going to take for monument to go away really will see what TS say.they left me alone for about a month as well..

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

Okie dokie............. rottweiller it is!!!! ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

  • 4 weeks later...

ok not much happening trading standards have got me to fill in a form giving them permission to act on my behalf,the they were told i needed to phone monument as well even though id signed the form!! TS said that monument were just being evasive.so i called them and they said all i had to do was put it in writing!! but then went on to harrass me for payment!! i told her i didnt want to discuss it as they were not listening to me.she said explain so i told her that with no CCA they couldnt ask for payment off me and that they were committing an offence.to which she said......... you are behind with your payments and need to pay it so it doesnt escalate and get even more serious. i got fed up and hung up!!

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

hi shane,u dealing with them as well then?

they are a nuisance and very stubborn.theyre even messing TS around!

havent heard anything for a few days.....

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

Link to post
Share on other sites

hi shane,u dealing with them as well then?

they are a nuisance and very stubborn.theyre even messing TS around!

havent heard anything for a few days.....

 

 

 

nuisance doesn't even begin to describe them! I have an acount with them my credit limit is (was) £200, my current balance is £700 and total amount of charges they owe me is £1,890!! From when I issued my LBA to them 5 weeks ago I've no response from them, issued a claim against them which they have now defaulted on, sent in my request for judgement last week. they seem to be under the impression if they ignore me I'll just go away! How very wrong they are! Next step, bailiffs if they don't comply within 7 days of receiving judgement from the court.

On the matter of Credit agreements Monument really don't stand a chance, I'm sure you've all read the relevant sections of the Consumer Credit Act requiring certain prescribed terms that MUST be on the agreement for it to be a regulated corectly executed agreement. Monument's 'rapid reply' application hasn't a hope of standing up in court. Keep up the good work!!

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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nuisance doesn't even begin to describe them! I have an acount with them my credit limit is (was) £200, my current balance is £700 and total amount of charges they owe me is £1,890!! From when I issued my LBA to them 5 weeks ago I've no response from them, issued a claim against them which they have now defaulted on, sent in my request for judgement last week. they seem to be under the impression if they ignore me I'll just go away! How very wrong they are! Next step, bailiffs if they don't comply within 7 days of receiving judgement from the court.

On the matter of Credit agreements Monument really don't stand a chance, I'm sure you've all read the relevant sections of the Consumer Credit Act requiring certain prescribed terms that MUST be on the agreement for it to be a regulated corectly executed agreement. Monument's 'rapid reply' application hasn't a hope of standing up in court. Keep up the good work!!

 

yes and remember it is an ILLEGABLE image on an electonic screen -- the rapid reply card was just that made out of card to be stuck down at the edges and sent back

 

this may sound obvious but they have not got an iamge of whatever was on the back of the card they also have to supply a true copy of an executed agreement to court

 

if you think about it that is why they have sold off all the "poor" quality customer monument accounts off ...... before they get sectioned S78 'd like selling a time bomb

 

and as for prescribed terms .... no chance "norfolkinchance"

:cool: sunbathing in juan les pins de temps en temps

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lol lol

yea i know what u mean about the "CCA"

well i hope u get to call the bailiffs in shane cos that would be fantastic!

i dont blame them for selling the debts off i would if i were in their shoes considering all the facts.

it is def a timebomb

additions direct-no CCA

marshall ward-no CCA

next-CCA turns up after they have committed offence,(30 days) S.A.R - (Subject Access Request) time!

monument -CCA not signed reported to TS for harrassment 1st letter sent TS are useless

associates visa-no CCA

think there might be a pattern here!?:lol:

GE Money- won

barclaycard-- N1 put into court

capital one - won

NatWest- won

 

never lose sight of your goal!

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