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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
      • 160 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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Going to court with a payday loan company **


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Hi there,

 

I've seen a lot of posts on this forum talking about letters that they receive from payday companies threatening legal action, inparticular MiniCredit/Fredericksons, but I can never seem to find what the resolution was.

 

I'm going through a similar situation with MiniCredit at the moment (just at the beginning) and inevitably these letters will start to come. I'm entering in to a debt management program with ClearDebt and they will be make payments to MiniCredit on a prorata basis. If they do threaten legal action then I will go to court and Defend the matter because the courts will see my income/expenditure, my total debt to all of my creditors, and they'll also see that my offer of prorata payments to each creditor is all that I can afford.

 

One thing for certain is that I will 100% not be able to make a large one-off payment to clear the debt.

 

I'm curious to know whether anyone here has ever been to court with a payloan/fredericksons, and if so what did the court rule? Or if not, then do they finally agree to a repayment plan just before you need to go to court?

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They do take people to court, and the latest trend is to settle out of court for the remainder of any original loan payment, I know because I help people write simple defences to head the outrageous claims at the pass - and then the defendants can complain to the Ministry of Justice about the company abusing the court system.

 

It costs a copmany £35 or so to issue a claim through court, if you don't defend they get judgement granted by default, and therefore WIN.

 

If you defend it costs you nothing, and it costs them another £80, so round about £145 or so for the company to take somebody to court and defend isn't worth it for an original loan of about £150. The claims I have been helping with have been in the region of £1800 and the last one was settled for £124... another for £80!

 

They are hoping for the judgement by default scenario but with a simple defence stating the FACTS, ie on X date I borrowed X amount, here are the transactions made to repay the loan, here is the correspondence trail where I tried to settle before court action, no cause to bring case to court.

 

They have no legal arguements to help them out in that type of defence, you don't need the paperwork as you would in a bank charges claim, and you don't need a default notice as the loan was not repaid on expiration of the original loan period - and many default notices I have seen are so dodgy even the newest or meanest judges see straight through them.

 

Yes, they do go to court and yes they do sometimes win by default, but not normally if a defence is filed. There are plenty of cases where they have gone and backed down.

 

I think you are trying too hard at the moment, concentrate on getting as much documentary evidence that you are trying to repay the loan back and then they will be well and truly stuffed.

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Freds themselves won't be taking you to court, it will be their solicitor for rent mates in the same building Uncle Bryan, who is easily fended off at the pass with a simple defence. That is why you can't find cases for Freds, they are a collection agent only, google Bryan Carter solicitors and you will get a clear picture of his MO.

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Thank you very much for the swift response. I've only been on this forum for a couple of days and have already learnt so much.

 

I'll continue to gather documentation evidence so that I'm prepared when the time comes. Thank you for help, it's much appreciated.

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