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    • If you are buying a used car – you need to read this survival guide.
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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.  

      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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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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thanks for my ccj tesco!!


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Hi everyone,

I got into difficulty paying back a Tesco loan 5 years ago and ended up going to CCCS to set up a payment plan to repay my debits. All was going well till last year when I decided to pay my debtors directly. All my debtors were happy with this including Tesco, but SOMEHOW they did not take payments for 3-4 months without me realising. I ended up with county court papers, so I phone Tesco to sort out the payments and they said that I could setup a Tomlin order, which I agreed to. While the paperwork was being sent out, I made a payment just to make sure I had a record of what we had agreed. Tesco advised me that they would cancel the court proceedings and as long as the y received the papers all would be well. 30 days passed and I noticed that once again they had not taken the payment as agreed so I phoned up to find out why. I was told that they never received the papers so they went ahead with the courts and I now have a CCJ by default. I have left it at that for over a year but I still feel it was unfair.

 

Is it worth trying to get the ruling overturned? Bearing in mind the following points

 

1. I never received a default notice but on my credit record there is one listed from nearly 5 years ago

2. We agreed a payment plan and I made a payment as proof but still they took action

 

Thanks for any advice

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

 

Sir Winston Churchil

One of the greatest!!

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hi

also where can i find a SAR template?

 

thanks,

pete

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

 

Sir Winston Churchil

One of the greatest!!

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its ok, just found it

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

 

Sir Winston Churchil

One of the greatest!!

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A Tomlin Order is used to avoid a CCJ. If you don't care about the CCJ I wouldn't both, although you have obviously incured additional costs on top of the debt (Although it is possible the tomlin order amount is the amount of the claim form as they would have already issued and incurred the costs).

 

So I'd look how much the CCJ is and how much the debt written into the Tomlin Order was, if it's the same then financially you aren't out of pocket.

 

Of course, it will affect your credit rating but unless you can show proof that you returned the Tomlin Order to them or that they received it (i.e: recorded delivery) then I think they are ok to assume that you didn't respond and can proceed assuming you no longer wanted the Tomlin Order

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Hi, thanks for your reply

i think what really bugs me is that it is a CCJ, i have paid nearly £38k back to my creditors and they are the ones who were a nightmare to deal with.

 

i dont want the CCJ round my neck now when i have come so far and paid so much back, i was on track to getting myself sorted and now im out for another 5 years (when ccj is removed)

 

cheers,

pete

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

 

Sir Winston Churchil

One of the greatest!!

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Have you got the details of the Tomlin Order to hand, what were the terms?

 

Also, do you have any proof you sent it? (not that this 100% matters)

 

Also, what action has been taken since the CCJ? Have they taken it further or is it a CCJ for a monthly amount? Have you paid monthly amounts since?

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hi sadly i have no proof that i sent it back and cant really recall the exact details of the tomlin order. i have paid the set amount every month without fail since and am about to double my payments to them to get it paid quicker

 

i really would like the chance to get that ccj set aside

 

cheers

pete

"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

 

Sir Winston Churchil

One of the greatest!!

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hi sadly i have no proof that i sent it back and cant really recall the exact details of the tomlin order. i have paid the set amount every month without fail since and am about to double my payments to them to get it paid quicker

 

i really would like the chance to get that ccj set aside

 

cheers

pete

Without proof then I think you're stuck :(

 

Does the CCJ require you to pay a set amount each month or is it one that required payment immediately leaving the creditor future enforcement options as it's unlikely you can pay in one lot.

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