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

I recently requested a copy of my credit agreement from Capital One under s.77/78 of the Consumer Credit Act 1974. I have had this credit card since 2003 and a new card was issued to me in September 2007. They sent me a copy of an unsigned agreement headed credit card agreement regulated by the consumer credit act 1974 and a leaflet detailing the terms and conditions. I wrote to them explaining that they had discharged their obligations under the Consumer Credit Act 1974 in particular section 78(1) by not providing me with an executed agreement. The response I got is detailed below:-

 

"I can assure you that we have provided you with the current credit agreement, which is in compliance with section 78 of the consumer credit act 1974. In light of this, I won't be able to send any different documentation to support your request.

 

In accordance with section 78 of the CCA 1974 and the consumer credit (cancellation notices and copy documents) regulation 1983, this is your original agreement, and if any terms have been varied, then the copy agreement will include the updated terms. In addition, your personal details, the signature box, signature and date of signature have been omitted from the copy provided, as permitted under regulation 3 of the consumer credit (cancellation notices and copy documents) regulations 1983.

 

They have gone on to state that I have a valid and enforceable credit agreement. Can anyone help with this one?:confused:

Link to post
Share on other sites

Hello and Welcome, deedee17.

 

I'll move this thread to the Cap 1 Forum, you'll get help in there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert - Slick132

Link to post
Share on other sites

Hi DeeDee,

Although what crap 1 are saying is correct and they don't have to send you an exact copy of your agreement, the agreement does have to relate to you in some way. If at all possible could you scan the agreement, cover up any personal information and post the picture on the forum.

If you use photobucket to do this it would help. if you need advice on how to do so, just shout

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Sorry, I don't have access to a scanner. One side of the document is a letter format detailing my name and address, credit limited and account number followed by:-

 

Thank you for your recent request. Please see overleaf for the current terms of your agreement with us.

 

For the rest of your terms and conditions, please see the leaflet enclosed.

 

The other side of the letter is the copy of the credit card agreement which has no signature or date????????????

 

Hi DeeDee,

Although what crap 1 are saying is correct and they don't have to send you an exact copy of your agreement, the agreement does have to relate to you in some way. If at all possible could you scan the agreement, cover up any personal information and post the picture on the forum.

If you use photobucket to do this it would help. if you need advice on how to do so, just shout

 

fox

Link to post
Share on other sites

Hello and Welcome, deedee17.

 

I'll move this thread to the Cap 1 Forum, you'll get help in there.

 

Regards.

 

Scott.

 

I thought Cap 1 was always under 'Other Institutions', can you give us a link to the actual Cap 1 Forum ? Thanks :)

Link to post
Share on other sites

I'm not experienced enough to advise on that.

 

No scanner eh! How about a digital camera.

It is important to get them visible to the more experienced members if at all possible as they have seen lots of invalid agreements and to be fair Crap 1 have their fair share of duff ones.

From what you are saying though and from what I've gleaned so far is that the important terms and conditions need to be within the four corners of the agreement and that includes your signature./

I suspect they don't have a valid agreement and are trying to fob you off with a mock up agreement.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I thought Cap 1 was always under 'Other Institutions', can you give us a link to the actual Cap 1 Forum ? Thanks :)

 

think this is it

 

http://www.consumeractiongroup.co.uk/forum/capital-one/

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

How do I get the image to you, sorry it won't allow me cut and paste.

 

I'm not experienced enough to advise on that.

 

No scanner eh! How about a digital camera.

It is important to get them visible to the more experienced members if at all possible as they have seen lots of invalid agreements and to be fair Crap 1 have their fair share of duff ones.

From what you are saying though and from what I've gleaned so far is that the important terms and conditions need to be within the four corners of the agreement and that includes your signature./

I suspect they don't have a valid agreement and are trying to fob you off with a mock up agreement.

 

fox

Link to post
Share on other sites

No you can't cut and paste. you have to follow some simple instruction.

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

imagename.jpg{\IMG

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

 

ignore the first bit as you already have the pics on your pc

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Thanks everyone for your help. I have read the other Cap 1 forms and the letter I have is the same as the others received and scanned on. I will use the copy template letters to write back.

 

Many thanks:)

 

No you can't cut and paste. you have to follow some simple instruction.

 

It seems tricky at first, but is fairly simple really.

 

1, Scan your DCA letter/whatever you want to show on the forum.

Ideal setting is 100dpi as it's closest to computer monitor display resolution.

 

2, Save the scanned image as a jpeg

 

Step 2.5 Edit out any personal information, barcodes or any other comments, notes or markings around the edge of the document. Never change the original document you received

 

2.5, Load the saved image into MS Paint. (comes free with Windows.) Use the pain brush or spray can to remove/paint over any personal info, such as name, account number, address, etc. Also remove any barcodes, as some DCAs may be able to identify you from these.

 

3, Create an account on Photobucket.

 

4, Once you have a Photobucket account, you'll find on the main webpage little box where you can upload photos. Click the "upload image" box and then tell it where on your hard disk you saved your scanned jpeg. It will then upload the image to Photobucket and it will show you thumbnails of the images you have uploaded. Under each image there are links that you can copy and paste.

 

5, Copy the IMG link below the image you want to put on the forum. Then reply to thread on CAG. Right click with the mouse and select "paste" from the little menu that pops up.

 

6, You'll then get some text appear in your message that looks a bit like this.

 

imagename.jpg{\IMG

 

When you submit the reply, the text will change into the image you uploaded onto photobucket. The text you copied and pasted is just the information the forum needs, so it knows where to find your photo and display it in your message.

 

 

Courtesy of Fuzzybobble

 

ignore the first bit as you already have the pics on your pc

 

fox

Link to post
Share on other sites

I thought Cap 1 was always under 'Other Institutions', can you give us a link to the actual Cap 1 Forum ? Thanks :)

 

This is the Cap1 Forum :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert - Slick132

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...