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 guys

 

I have been in serious debt for about 3 years now.

 

However I changed my life around after receiving some therapy and have been successfully managing dealings with the various credit card companies since day 1 of that 3 years.

 

I have been using a government sponsored scheme to negotiate with the creditors to

 

a)pay them reasonable amounts

b)freeze the interest

 

so I have some hope of getting out of this mess.

 

I have had success with all the credit card companies with both of these points and even paid 2 (of the 5) full and final settlements with the help of my mother-in-law. They accepted 32% in both cases saving me a massive amount of worry.

 

2 of the remaining 3 I have agreements to pay them a token amount until May of this year (having rejected my F&F) but the third one, Opus , have just sold my debt without telling me to a DCA.

 

I have never had any dealings with DCA's but reading some of your very helpful advice on other threads they don't seem a particularly pleasant bunch. I have no argument that the debt exists as I definitely owed Opus and was paying them an amount each month - and having spoken to Opus they say they have definitely sold the debt to the DCA.

 

What I would like to know are your thoughts on whether I should just continue paying these people the same amount I was paying Opus (all I can afford) and whether I should offer them a F&F in my first dealings with them. I just want this to go away and I have this offer of help from my mother-in-law but only up to a maximum 32%. Also are they entitled to see my Income and Expenditure?

 

It's worrying me tremendously. I should mention that I was diagnosed with a neurological terminal disease a few years ago (one of the reasons I got into so much trouble) and have serious mobility problems as a result. However in my own way I fully intend to be around for a while yet smiling all the way (as long as I can get rid of this debt!). My wife is long suffering and completely out of this world. A diamond.

 

I would be really grateful for your thoughts.

 

Cheers

 

bathtime

Link to post
Share on other sites

1st Credit, let alone a couple of miles from where i live xd.

Typical OPUS and 1st Credit...

 

Challenge first credit to see if they have a CCA :)

Link to post
Share on other sites

There is always a point to this!!! :)

 

IF the DCA doesnt hold a CCA then it cant be enforced in a court of law but they can still try for a CCJ :)

 

Also thought think of it like this. A DCA will normally return it if they dont have the CCA.

Then you continue payments to OPUS :)

Edited by fkofilee
Link to post
Share on other sites

Sorry wasn't meant to be short fkofilee.

 

Opus have said they sold the debt to 1st Credit and I know it exists - wouldn't a CCA potentially just **** them off so they don't play ball as kindly. I know what you're saying , it's just that maybe I'm a bit too honest and want to clear a debt I did incur - not with these people obviously.

 

Thanks .

Link to post
Share on other sites

There are 2 types of DCA , Debt Buyers & Debt Administrators (Best way to describe them)

 

Lowell Financial are a debt buyer while companies like McKenzie Hall Will just administer.

I think first credit fall under the administration part and will just attempt collection and not Physically "Buy" the debt.

 

Sending a CCA Request is your RIGHT!!!! By Law you are entitled to request these documents.

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...