Jump to content
We are now - The National Consumer Service ×


  • Tweets

    No tweets were found.

  • Posts

  • Our picks

    • 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
      • 162 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
        • Thanks
        • Like

Recommended Posts

Hi, 2 years ago my business went under leaving me with a bank debt and credit card debt with lloyds.I went to an debt management agency who got me to fill out the various forms, and after lloyds ignored me for around 6 months and adding on charges they eventually accepted my offer of finance monthly.Last week I found the debt had been passed onto AIC after being with MHA, who suddenly stopped sending me payment slips for around 2months.The first letter from AIC sent a letter saying Urgent Final notice of intent, this was the first letter i had had from this company, after speaking to Mr.Hughes who told me they would put the debt against the house.Today i received another letter from the company saying i had ignored this letter( which i hadn't - spoke to Mr.Hughes 3 times!!) they are now going to make me bankrupt and take the house and any goods worth anything - can they do this.I have been paying agreed amount as agreed and suddenly this has happened - it is a lovely xmas present!!.Not that they will get much as i am skint - don't drive have a tv,dvd and basic stuff in the house.I am really worried and AIC treat you badly when you speak to them - they couldn't care. Any advice wld be great- thanks Mark

Link to post
Share on other sites

Mark

 

Whilst you are in a tough situation don't get your self too stressed as these are mainly threats to get you to pay money

 

Have a look at this forum and see the number of people that start their threads with similar concerns who go on and win

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/

 

Most DCAs work on the assumption that the average person doesn't know their rights and will give into threats straight away, they also assume that if they instigate legal action this will be uncontested and they will get court orders by default, as the forum above shows when they are stood up to they don't like it and many time back down

 

Bankruptcy is an extreme measure and its unlikely they will go down this route however if they do there are many things you can do to get the claim stuck out

 

A charging order can only be awarded when someone has defaulted on a previous county court judgement so you are a long way from this..

 

The most important thing is to start to take control and you can do this by asking for your credit agreement which is your right under s.78 of the consumer credit act, many CCAs are not enforceable by a court because they do not contain the prescribed terms so the first thing you need to do is send for this using the template letter in N using the link below

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You will need to send £1 and its advised that you don't sign anything as they may lift your signature so either a cheque signed by someone else or a PO

 

When you do that they are on a time scale to reply and suddenly you have switched the agenda back to you

 

Some thing that I add to my letters is that due to personal reasons I am unable to accept communication on the telephone and request all future contact to be in writing..

 

Should they call you the easiest way to deflect them is not to answer their screening questions or answer them wrong, but if they do talk to you refer them to your letter and your request for all communication in writing and the fact that they are breeching OFT guidelines.

 

OK this is a lot for you to consider but when you have sent your letter come back to this forum every day and read posts and begin to learn the CCA and your legal rights and after 2-3 months you will start to feel more confident and not feel so worried every time the phone rings.

Live Life-Debt Free

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...