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    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.pdf
  • 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
      • 161 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
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car cash point - Log book loan help


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No just one man came in so I could phone them credit not good I've put in a complaint as they should of give me a default notice but they didn't if I had not paid the £300 they would of took the car but I had no idea they were coming waiting to hear back x

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the lender appears to be a member of the ccta which provides guidelines on how debts and arrears should be handled. Here is the website, which provides info and a phone number and email address if you want to make a complaint.

 

http://www.ccta.co.uk/index.aspx

 

http://www.ccta.co.uk/admindocs/codes_of_practice/bills_of_sale_code_member.pdf

 

You may be being unrealistic about thinking you can keep your car if you are now unemployed. Unless you get a job quickly, you will be stuck making these payments out of your jsa which is unmaintainable in the long term. What about this other loan? Is it a family member or friend or is it from a company? Do you have other debts?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Sadly ccta useless

 

Time Order may be best solution

 

Back later

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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First as your bos was correctly registered, forget about the witness situation, you will not get the bos declared void

 

You do not seem to have been treated fairly as per the FCA guidance (principle 6)

 

You should make a formal complaint in writing by recorded delivery about your treatment and send a full report on your treatment to the FCA

 

In addition you need to look into a time order, where by you gain the protection of the court

 

 

Which can have a look at the entire agreement and grant an affordable payment

 

Sadly you have no protection under cca 1974, whether you have paid one third or not applicable only to hp not lbl,s other than they must send a default notice with 14 clear days to remedy

 

Prior to any repo

 

Google national debt line fact sheet 06 A for time order info

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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The agreement seems all in order, you have also signed to pay the agent, all the prescribed terms are there

 

Problem with logbook loans, on signing the BOS you effectively transferred ownership of the car to them

 

after issuing the dn and waiting 14 days, unless the car is locked in a private garage, they can repossess at will as in reality it is their car

 

You need to send a written complaint headed Formal Complaint as regards your treatment by them

 

Let us know if you require more info on time orders, or any other queries

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 1 year later...

Hi.

 

Not sure if this is the correct place to post. I took out a loan with these people and have ran into arrears. I have emailed them offering a payment plan of £100 for the next 3 months as I have recently been off sick and am working part time instead of full for the next 3 months. Below is their reply. Please could someone help me with how to reply, whilst I can see if I can get work to issue some sort of letter i'm not happy with disclosing my medical information to them:

 

Thank you for your email.

 

As a result of broken arrangements and the level of arrears third party debt recovery agents were instructed to recover the vehicle which has incurred further costs to the account.

 

In order for us to review your repayment offer we require that you send the relevant medical evidence and documentation from your employer confirming the short/long term change in your circumstances.

 

It is imperative that we receive the above in order to review your request.

 

We would also advise that you make your offer of payment however your account is currently not on hold until both parties can agree a mutually acceptable solution moving forward.

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right place but you need to start a new thread

of your own.

 

 

this one is a bit old too so you wont get seen

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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