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 need some urgent advice on the above please.

 

I have been advised by a company which I owe money to that the matter is now being

passed to a Third Party Debt Collector who also operate Door Step Agents.

 

Do these people just turn up - I am terrified that they will as I live with my elderly Mother

and the embarrasement this would cause will give me sleepless nights. Do they have to contact

you by letter or phone first to advise you when they are calling.

 

Thanks any help appreciated

Link to post
Share on other sites

Hi there

typical THREATOGRAM stuff.

DOORSTEP collections are NOT allowed unless you've specifically made an appointment --and I'm sure you haven't done that.

 

Complain to OFT, BBC and anybody else you can think of --and they can be had up for HARRASSEMENT.

 

These people have LESS powers than your Grandmothers Cat -- they are usually a TOTALLY PATHETIC bunch of imbeciles.

 

In any debt situation YOU take control -- send them the PROVE IT letter template on this site if you can even be bothered to reply to these muppets.

 

Cheers

jimbo

Link to post
Share on other sites

Thanks for your reply.

 

The Finance company who have passed this on will not tell me anything - give me a name of

the company etc.,

 

Does it usually take long for these people to contact you.

 

Thanks

Link to post
Share on other sites

First thing is to try & not worry, its highly unlikely anyone will come round & even if they do just shut the door on them. It would help if you could tell us more about the alleged debt. Is it a credit card / loan/ overdraft or some other type of debt. If you give us more information then we can advise on the best way forward. Don`t worry.

 

 

Middx

Link to post
Share on other sites

Hi judi

Not a nice situation but try not to worry

They should in theory contact you first but we all know that they don't obey the rules "All the time" :!:

If/should anyone turn up just tell them to go away and put it in writing as DCA's have no power to collect from you, there's a template letter that you could amend to suit, print off and keep by the door ready to hand them (http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT)

There's also a thread you can have a read of . . http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

For now wait and see what their next move is but at the end of the day even though things aren't as you'd like them you're still in charge of your money

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=

Link to post
Share on other sites

Below is a link to advice and letter if anyone shows up. You can also write a 'prove it' letter to this DCA and add a paragraph about refusing permission for anyone to visit your home

 

http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members.

Please support CAG and they will support you.

donate

Link to post
Share on other sites

it is a payday loan from a company called swift sterling. It was only for 200.00 originally

but now 318.00 - Have offered to pay in installments but they are not interested. Now it is being

passed onto a third party who are debt collectors but also operate door step recovery. He would not

tell me anything else.

 

Judi

Link to post
Share on other sites

Have you put this in writing? NEVER speak to these people on the phone. I would send them your offer of repayment in writing by post (recorded) and/or email, so that you have a record. State that this is all you can afford to do at this time and if this account is passed to a DCA or they engage in any harassment by phone or in person you will report them to the approprate authorities (OFT and Trading Standards). Request that they freeze all interest and charges to enable you to settle this matter in a reasonable period of time

 

Request that they do not contact you by phone - writing only and if they phone, refuse to speak to them unless you can record it. These people will tell you anything

Please support CAG and they will support you.

donate

Link to post
Share on other sites

I have sent numerous e-mails to swift sterling but they are not interested in me making repayments

they just want the full amount. I suppose I will just have to wait until I get some correspondence from

the debt collecting agency. I will dread every knock at the door.

 

judi5060

Link to post
Share on other sites

I used to be told a doorstep collector 'may' visit me but they never came. I know how upsetting it is especially when you live with your mum but it's usually a threat to get more money out of you. From experience don't talk to these people on the telephone because they will bully you into paying more than you can afford. After a while if you take the advice of expereinced people on here you will get stronger and stronger to deal with these people. You have more power than you think!

Edited by walkinthepark
Link to post
Share on other sites

The advice from Coledog is excellent & spot on, do they [ Sterling] have access to your bank account, have you set up a DD or can they use your debit card / credit card to collect payments?, excuse my ignorance as i have never dealt with the payday loan thing. If they can, i would make arrangements to stop them. Its your debt but you must remain in control of repayments. Your living bills come first & only pay what YOU can afford.

Link to post
Share on other sites

Keep all copies of your offers. I would send them a final offer as I have outlined above. If they appoint a DCA they are responsible for their behaviour under OFT guidelines.

 

If you do hear from a DCA let us know. They are unlikely to send a Doorstep collector before writing to you or trying to ring you. Again never ever speak to them on the phone, try and change your numbers if possible and refuse all calls. You can send the DCA copies of the offers you have made and refuse to pay any collection charges.

 

Do this company have your bank and card details? If they do, get these changed even if it means opening a new account. They have been know to empty bank accounts.

 

If you do agree re-payments inisist that this is by Standing Order, never Direct Debit or Card.

Please support CAG and they will support you.

donate

Link to post
Share on other sites

No - they have no access to my Bank Account - I have changed recently.

 

Thanks for the above advice I feel a bit better now. When Swift Sterling sent me the E-Mail today

they could not even tell me whether the Thirs Party would contact me first - which I find hard to believe.

 

Judi5060

Link to post
Share on other sites

No - they have no access to my Bank Account - I have changed recently.

 

Thanks for the above advice I feel a bit better now. When Swift Sterling sent me the E-Mail today

they could not even tell me whether the Third Party would contact me first - which I find hard to believe.

 

I would follow the advice of getting your offer of payment to Sterling either by email & or recorded letter, then lets see what happens & we can advise you further. Please don`t worry about some one calling .......... its a scare tactic, remember that YOU control this debt & the amounts to be repaid.

Let us know when you have a reply to your offer.

 

Good luck & try to relax.

Link to post
Share on other sites

I think that they are just trying to frighten you. If anyone does show up - give them the letter we have suggested above and say you will call the police if they don't go.

 

They are also breaking all sorts of rules if they harass your family or discuss the matter with them

Please support CAG and they will support you.

donate

Link to post
Share on other sites

Thanks very much for your advice - I will try and relax and see what kind of correspondence I get.

 

I have already printed out the letter for Door Step Collector which I will keep on me at all times.

 

Judi5060

Link to post
Share on other sites

  • 5 months later...

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...