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    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
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      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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Debt and Car finance


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hi folks, i have been a lurker here for some time and this site has helped me alot over the last 3 years. I am currently in a trust deed and i am making large payments on what is a sizeable amount of debt. I do have a car (wifes) that is currently financed (finishes in May) and i am looking to upgrade as we are expecting a new arrival.

 

But no one will touch me for finance and the car is on its last legs and is costing us more to fix because of its age. Is there anywhere that anyone can recommend that will enter into a finance deal where i can get a reasonably new car ??

 

thanks

 

Sam

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  • 8 months later...

I am not a debt expert but have had loads of experience in the motor trade spanning many years.

 

Avoid any company that will supply you a car and credit specialized for poor credit scores. The sell absolute junk in my experience, seriously anything from accident repaired cars to rubbish picked up at auction. These cars would not find their way on to a reputable dealers forecourt.

 

Thankfully a lot of the worse culprits have now gone but their are still a few smaller ones about. The cars will be nothing but trouble, have been poorly treated, have dubious service histories and will be worthless in very little time.

 

The way they work is you will call them about a car, lets say for instance you call about a Focus. They will provisionally approve you over the phone so you visit them. When you get there a problem will be announced and they will make you hang around for hours. They will then offer you a series of cars that are totally impractical. They will make you wait more hours to make you feel more desperate then come up with something similar to the car you wanted.

 

They will take you on a test drive on a carefully planned route that is easy on the car to hide knocks and bangs. In the end you will be so tired and desperate you will sign even if you are not happy.

 

A friend picked up a Vectra from one of these sharks. The warranty was worthless and the car was complete junk throughout. We even found evidence of body repairs done with newspaper. He paid about 7k for it and withing 18 months it was sold at auction for £900.

 

He is still paying the finance through an IVA today. They wouldn't even repossess it and blamed him for the condition it was in.

 

Edit: I will add I have even seen a car recently on a finance deal have an electronic box fitted. If you pay late or go over agreed mileage etc the finance company will send it a code which disables the car. They then charge a fortune to have it reactivated. I didn't believe my eyes at first.

 

My advice is go for a cheaper car and pay cash if possible. There are loads of good cars, particularly Japanese that will go on for years trouble free despite being bargain basement prices.

Edited by skookum
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