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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Lorenz
      MCOL help not being paid for job

      By Lorenz · Posted

      They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • lookinforinfo
      ECP ANPR Lease CAr PCN - MFG Esso Cobham serv station A2 Trunk Road, Cobham DA12 3BH

      By lookinforinfo · Posted

      The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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      How Can Employers Engage with Young People Who Have Left School or Otherwise Disengaged?

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      Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • Badtimes123
      LC Asset/Link/Kearns Claim Form #2 - MBNA CC

      By Badtimes123 · Posted

      My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the xx/xx/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the xx/xx/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, xx/xx/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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      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.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Want to pull out of new car purchase

abonae

By abonae
in Vehicle retailers and manufacturers

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abonae

abonae

Posted
Posted

Hi

 

I need to pull out of a car purchase. I've ordered a new car from a dealer and paid £1000 deposit. All I have signed is a listing of the car specs with prices. This is headed "New Vehicle Contract".

 

Where do I stand? Have I actually entered into a commitment to buy? Can I withdraw and recover my deposit? Will I lose my deposit? Will I lose more than the deposit?

 

Many thanks

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sailor sam

sailor sam

Posted
Posted
Hi

 

I need to pull out of a car purchase. I've ordered a new car from a dealer and paid £1000 deposit. All I have signed is a listing of the car specs with prices. This is headed "New Vehicle Contract".

 

Where do I stand? Have I actually entered into a commitment to buy? Can I withdraw and recover my deposit? Will I lose my deposit? Will I lose more than the deposit?

 

Many thanks

 

On a 'new vehicle order' (which is how they were when I was in the trade) there indeed should be t & c's on the back. What you need to realise is that ordering a new car can be a complicated business. For example; some makes are 'made to order' which means your order will trigger a new car build at the factory, even if that car isn't the actual one you receive. This is done to save 'stock piling' cars. The other thing is the spec you have ordered. It may have non-standard factory fitted accesories for example. So all in all, the dealer could end up with a car which will be tricky to sell unless it is bog standard. If you signed the order and paid the deposit, then yes you can back out but I doubt whether you will get your deposit back unless you have a good reason to cancel.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

 

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  • 3 weeks later...
sequenci

sequenci

Posted
Posted
Do you think it makes a difference if I was planning to acquire the car under a hire-purchase agreement?

 

That's a very good question. With HP agreements they don't usually have the ability to cancel unless you have to sign the paperwork away from the premises. My initial thoughts are that if you cancel now it is unlikely you'll be able to recover the deposit. Having said that, the contract should be completed via terms & conditions that you understand - if there are none of these then that's an important issue to take into consideration. I'm no expert in motor vehicle contracts (I studied contract law as part of my law degree, however)

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abonae

abonae

Posted
  • Author
Posted

I'm note sure it is irrelevant. Reading the CCA, I believe that s27 allows me to withdraw before I sign the credit agreement and get my deposit back.

 

I don't want to buy as I've been made unemployed and don't want any additional financial commitments.

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Surfer01

Surfer01

Posted
Posted

Inform the finance company and then the dealer that you are unemployed and the finance company will not grant the finance and the deal will be cancelled and a full refund given. I did this when I ended up in the same sitaution. My mistake was that I approached the dealer first and they wanted to with hold all of my deposit. I then approached the finance company who then cancelled the finance and the dealer had to give back all of my money.

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sequenci

sequenci

Posted
Posted
Inform the finance company and then the dealer that you are unemployed and the finance company will not grant the finance and the deal will be cancelled and a full refund given. I did this when I ended up in the same sitaution. My mistake was that I approached the dealer first and they wanted to with hold all of my deposit. I then approached the finance company who then cancelled the finance and the dealer had to give back all of my money.

 

That sounds like brilliant advice.

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nmonline

nmonline

Posted
Posted

Hi, the point I was trying to make was that unless you have signed finance documents, you do not have a contract with the finance company, only an acceptance that they will fund your purchase. Indeed, the finance company could even change their mind if you were proceeding right up until the point where they pay the dealer. CCA will only come into effect once you have an agreement in place.

Informing the finance company of your situation would certainly do the trick, as they would most likely change their decision to a decline. In your circumstances, if the dealership has dealt with you fairly so far, a letter to the sales manager and/or dealer principal would probably be common courtesy. The dealer may feel justified to retain some of your deposit, depending on whether or not the spec of your order can still be amended, and technically, they would probably be within their rights. However most are actually surprisingly reasonable when approached in the right way. Anyway, the finance company route will definitely do the trick, and there is no way you can lose more than your deposit.

Sorry to hear about your unemployment, by the way.

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abonae

abonae

Posted
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Posted

Hi

 

I've read s57 of the CCA 1974 again, and it seems pretty clear that I can withdraw before the agreement is signed and that I can get a refund of all "linked transactions" and "any other thing done in anticipation of the making of the agreement ".

 

However, I'm hopeful of finding work soon so I haven't done anything yet.

 

Thanks to all who have helped.

 

Abo

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