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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.

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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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Safeloans wont accept offer, transferring debt to DCA!!


iceboy
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Hi;

 

I have sent Safeloans an offer using their email address. Today i recieved a respond through email. They also sent a text message to my mobile!

 

I am including them both here! Can anyone suggest me what to do?

 

DCA will add charges or they will buy the debt with charges already added! I offered safeloans that i could pay the initial deposit and one month interest (which is what i owed originaly!) Now if it is transfered to DCA, it means it will cost more and more likely DCA will place a default on my account!

 

By the way, i have never received such letter from any DCA until today!

 

Here is the email and the text i have received.

 

EMAIL:

Hi Mr. iceboy,

Your account has now been passed to ACT Debt management.

Please contact ACT on : 0203 1500 150

With kind regards,

Safeloans Ltd T/A Paydayok

 

Text Message

Mr iceboy;

as you failed to discharge the debt which you owe to our client, Safeloans Ltd, your file is being transferred to our Legal Department. Legal proceedings will be instigated against you and secured by County Court Judgement (CCJ). This may be enforced by an Attachment to your earnings, or by Bailiffs. You must telephone ACT Credit Management Ltd IMMEDIATELY to avoid legal action on 020 31500 150, quoting reference: xxxxxxx

 

 

Any ideas what i should be doing?

 

Many Thanks

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If you read some of the other payday loan threads here it is unlikely that they will go to court. If they do go to court we can help with a good solid defence and then get the CCJ set aside or discontinued.

 

It is only when a CCJ is granted (and this is not just ISSUED by the claimant - as some companies like to claim now) by a judge and payment is NOT made that they can start further proceedings to have an attachment of earnings or send a bailiff round.

 

You CANNOT issue a CCJ with an immediate bailiff visit - that is a total abuse of court process.

 

Sending a debt to a collection agency with loads of additional charges is a no-no according to the OFT so you can report them to Trading Standards should they claim additional charges.

 

If they claim court charges and have not yet started court you can get these taken off immediately - it will have the effect of making the charges part of the loan unenforceable.

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