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    • 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.  

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    • 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.
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      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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Help with Wonga loan


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Hi, I have been using this site for a while now, trying to read up on things and get some advice, but this is the first time I've posted. Basically I'm posting all this on behalf of my girlfriend.

 

Anyway, she took out a loan with Wonga (she'd had several in the past, all of which were paid back in full and on time) however this one she was unable to pay back in full. The original amount due was (I think) £900, and as there wasn't enough in her account for Wonga to take it all, they just took three payments, of £127.15, £200 and a further £200, on at the same time. After sending several emails without reply, she finally got a response from them, in which they said they will continue adding interest, and if she wanted to set up a payment plan they would need documentary evidence of how her circumstances have changed (she was not paid as much as she was expecting that month). She's been emailing back and forth now for weeks, with little success. Anyway, even though she has already paid them £527.15 for this loan, we've just checked her account on their site and it says she owes them £900.29! This amount is growing daily. She's already spoken to them, both via email and phone, and they did agree to letting her pay them some money via standing order, and they gave her their account details, however they never said how much she should pay, and just hung up when she asked! And at their rates of interest, even if she were to pay £75 a month (for example) that might not even be enough to cover all their charges and interest. So what we would like to know is, does she have to pay them back the £900.29 that they're asking for, or should she just expect to pay whatever was left of the original loan after she paid them £527.15, and is there any way to find out how much that was? Sorry if I'm rambling a bit here, it's just we're both very new to this, and it is now getting very worrying as I can't see any way of her being able to afford to pay this back.

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If this was me I would email them and say that you are willing to payback but only if they stop adding interest and charges.

If they dont agree wait until it passes to a Debt collection agency, at which point you can offer a repayment plan.

If in the time between now and passing to a DCA the interest has grown out of proportion to the original debt and your not willing to pay it be prepared to fight your corner in court?!

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Ok thanks. That's what she's been saying all along, that she IS willing to pay, it's only fair since she applied for and received this loan, that she should have to pay it back, and even with the original amount of interest. But the fact that she's paid so much already and has gotten nowhere is very demoralising.

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Firstly, do nothng by 'phone. Make sure everything is in wtiting. They won't like it, but tough.

 

Stick to your guns. Offer to set up a payment plan of what you can afford.

 

If possible change the debit card as it would seem that they like to just take what they want regardless of whether you can afford it or not.

 

As for what they will accept.... unlike other more traditional lending companies they are very unpredicatable. It seems to depend on the person at that second. Some have found them easy to deal with, others not. I'm currently in a right old battle with them.

 

Good luck :)

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Thanks. Set up a new bank account, and they won't be getting any of the new information. Things seem to have gone a bit quiet at the moment though, they've stopped calling/emailing, and won't reply to anything we send to them. Like I said before the frustrating thing here is that she's willing to pay them, right now, but they don't seem to want to know.

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  • 3 months later...

wow i just came across this as i was thinking on taking a loan for a week.

It seems a fair intrest to pay for the speed of service but after reading this it seems that they come down very harsh if u cant pay back your loan on the day. Surely there should be options for exceptional circumstnces such as if someone stole ur bank details and took money from your account before the loan could get taken out?! im not sure whether to go ahead now it seems a big gamble :s

 

good luck OP with your situation:-)

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