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    • actually, we must apologise as you did mention it. IMHO this should have been mentioned in your defence. we screwed up. dx      
    • Thanks. Maybe you could have a look at my summary – and go through it and confirm my understandings. Also, now that you have evidence recorded I think it would be a good idea to reveal the name of the dealer. I know the name already because you posted up on Facebook – but I think it will be a good idea to post it here. There is no downside. It might attract other people who have had similar experiences and who may be helpful to you and of course it may be helpful to others in a similar situation. We normally find that publishing the name of dealers is helpful because once they realise that their reputation is at risk, though sometimes start to become compliant. Also, if we have the name of the dealer you may be able to make our own research which will help to refine our advice.
    • good evening guys lookinforinfo many thanks for your reply and support. Thanks for getting the team to move the posts to a MSG thread. I wanted to avoid any confrontation but i feel helpless against these evil  morons, i should not have to fight it and hope the court sees things in my favour, its the whole process that makes me want to kill somebody, i wont but im not always in control of my actions due to my  mental health condition.   All going well i wont hear from the police but who knows, ill just have to wait and see, the morons deserved it but i did not go there to cause agro, i was held in an impossible situation. I have told doctors many times i might end up in jail or kill someone or kill myself.    FTMDave thanks for your reply i will let you guys know if i hear anything.   ------------------------- Today i called Citizens Advice and told them everything including my vulnerabilities, i have a phone appointment on the 22nd to discuss the illegal PCN. Im not sure what they can do but ill see if my vulnerabilities help in any way  
    • Sorry I was just editing because I didn't seee your first reply. My bad sorry and yeah 70% criminology and 30% counselling, just give me more options when I graduate. Victim support etc.. how ironic lol 😆 
    • No particular relevance – but always interested to know what university students are studying. I have known lots of criminology students – but I have never heard of a degree which involves criminology plus counselling. I hope it works well for you. What about the answers to the rest of the questions?
  • 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
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ok first post and i know theres a few of the same but just wanted to get my story on for advise, so here are the facts;

 

1st letter dated 15/12/2009 from roxburghe

 

re: hutchinson 3g uk ltd

account number: xxxxxxxxxx

total amount due: £367.37

 

first line reads;

 

your debt has been passed to roxburghe (uk) ltd by the above named client as they have been unable to obtain payment from you. all contact must now be made through these offices.

 

right, so i called them up and disputed the debt and made it clear that i had a one yr contract with 3g and the debt was cancelled by letter and a follow up phone call, i also told them that at the time i took the phone out i was a manager of a phone shop and knew exactly how to correctly cancel a contract. roxburghe said the debt was owed because the contract wasnt cancelled and 3g continued to run it for a further eight months and it was finally disconnected by 3g on the 26/02/05, they also confirmed the first payment was made by DD on the 22/06/03 and the last payment on the 22/06/04 which is exactly 13 payments. that would include the 12 monthly payments for the contract and the 13th payment at the end of the 30 days notice given at the end of the contract. as i said i disputed the debt and the lady on the phone said she would escalate to the relevant department (disputes i assume) and they would contact me. so fast forward to today and i get this;

 

2nd letter dated 12/02/2010 from roxburghe (72 hour notice) in large print at top of letter

 

re: hfo capital ltd

account number: xxxxxxxxxx

total amount due: £367.74

 

first line reads:

 

we have written to you previously and you have failed to resolve this matter with us. as a result, your file is being reviewed to decide the best course of action to take.

you now have 72 hours from receipt of this notification to make payment.

 

so, i call again and speak with a gentleman, i ask him what notes are on the system for my account and he tells me that the last notes say i will be calling back. i tell him that i was told my dispute would be escalated and i would recieve contact from them and what more information could i possible give them. he then tells me the call 3g to confirm what notes they have on my account and they can then conference call with them to end this dispute and he also happily supplies me with a telephone number for them, my 3g mobile number and account number.

 

i call 3g and speak to a helpful man who looks into my account but cannot help and says i must speak with hfo and supplies me with a telephone number.

 

so, i call hfo and.......it rings 3 times then line goes dead and have tried this several times.

 

so i'm lost, what do i do?

 

interesting facts to consider;

1. two diffrent companies under re: at begining of letters

2. two different amounts as debt owed (albeit by pence)

3. my quote reference and account number is the same on both letters so the two companies/two amounts doesnt add up somewhere

4. letters from roxburghe have come to my address where i live now and have done for 4 yrs and 3g still have my old address which was confirmed when i rang them so how did they get this address.

5. i have had no correspondence from either 3g/hfo/roxburghe regarding this matter before the first letter dated 15/12/2009

 

thank you for taking the time to read this and thanks in advance for any advise.

 

kind regards

 

Mr E

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Hi mr elbow

Welcome to CAG

Firstly save your breath and stop talking to any of them over the phone (First rule of CAG ;)), you're wasting your time and they will deny any/everything the say later, do everything in writing that way they can't lie afterwards . . sorry I meant bend the truth :rolleyes:

These are just bog standard threat letters and as you're positive that all was cancelled correctly (Have you got written proof) then it's up to them to prove you owe the money not the other way round

You could send a simple . . I do not acknowledge the debt or your right to collect it so please send all the documentation you hold to substantiate your claim . . etc and sit back and wait for the reply

Make them do the work

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Mobile companys are it seems, very difficult to deal with once an alleged debt has been passed on to a DCA and HFO/Roxborough are particularly nasty. I had a similar issue with an old O2 account, even O2 admited there was nothing owed and the account had been closed correctly they would not provide me any written proof of this. So I had to spend £10 and SAR them. Once I had this it was fairly staight forward to deal with, although in my case it wasn't HFO.

As said above never speak on the phone to them, everything in writing and sent recorded delivery. When you receive the SAR write to HFO enclosing the proof that no debt is owed and inform them they have 21 days to remove the entry/default or you will go to court for removal and compensation.

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