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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.
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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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American Express Corporate Card


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Items purchased for myself. The point im making is I never signed anything to say I'm responsible it was a company charge card....??? Yes I was irresponsible for using it I have never denied that. Didn't want to cause a forum war?! Confused by this site now because every post ive read isn't it about people trying to wriggle out of money they have spent on credit cards. How is this different?

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Well I've never thought that's what CAG is about - but perhaps that's my mistake rather than yours.

 

I'm afraid I don't know the basis on which Sky gave you the charge card, and therefore on what grounds you could possibly try to welch from your debt, but I'd be surprised if it was given to you with no understanding that you would have to pay it back.

 

It' seems to me a slightly odd arrangement anyway: my employer gives me a corporate credit card, but it's on the understanding that it is for business use only. I am not allowed to use it for personal purchases.

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100% agree and I never signed anything to say it was for company use only. Serious! They did mentioned it to everyone before I left because I believe this has happened to a lot of people there. I know cag is to help people with debt and fight off debt that has long gone. It has helped me massively in the past 10 years ago and I won my case. This whole debt is my fault for using it on things for me. Stupid totally. But because I never signed anything to say I'm responbily or its for business use only im hoping I have ground to fight the case. Maybe not but worth a try? Any help on next steps would be great I know nothing about charge card law.

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Did the charge card have your name and the company name on it? If yes, then you would have signed the agreement, and if you didn't sign it then someone forged your signature.

 

This really is quite silly. You admit its your mistake, You admit its your spending, you admit its your card, and yet you want someone else to pay. Good luck getting out of it in court.

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i did sign the agreement but it didnt state i was responsible for it. Basically I dont want to get a ccj. I have never received a default notice or is one on my credit file for it. I havent been sent anything to prove I signed for the card but I havent asked either. What should I do in terms of not getting the ccj? Do i ask for the charge card agreement eg a sar because its a corporate card. Do I contest the claim in court? Just wondering what people recommend?

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Upload court form reason. Anyone have any ideas on how to reply in my defence. I have done nothing so far as its a charge card not sure what to do? Eg send a Sar first to the solicitor? Apply for the acknowledge of claim form online to 28days. Any help would be great and templates

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I bet you in your contract it says that you must pay your charge card.

 

I bet you on the form.you.signed it says you are ultimately responsible for your charge card.

 

I bet the courts wont look favorabley on this for you as you had the card, you spent on the card and then you refuse to pay the card. The balance of probabilities to the eye of the court will be that it is your bill and therefore you must pay it. However, someone may be along soon to advise otherwise.

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You could always ask the cardholder if they would accept an out of court settlement and then make the offer of payments. They mustn't be derisory though.

Asking doesn't mean they will accept.

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You could always ask the cardholder if they would accept an out of court settlement and then make the offer of payments. They mustn't be derisory though.

Asking doesn't mean they will accept.

Any ideas on what to send out or fill to the courts to prove they have a signed agreement? Also no defaults? Is that normal for charge cards?

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I've emailed Brachers llp and im going to call them today. See what I can do in terms of paying them monthly. I've mentioned where to send a Sar as well?! Hoping they accept an offer of payments monthly so I don't get a ccj

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I can't see why they won't except monthly payments. If you go to court you show the judge you can't pay in one go and so get monthly payments. The only reason I can see for them going all the way, (beside being miserable sods), is they might be wary of you maintaining payments without a break, so I think a lot will depend on your past record of payments.

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Prob right to be honest but I haven't seen a signed agreement from

Anyone? Hoping they don't have one or not sure how I can not get a ccj and pay monthly for the debt?

 

 

You were an employee of the company?. The card was supplied by the company, and you signed an application?.

The card had your name on (and this is usually on a line above that of the company's name?)

 

If so, I'd suggest a position of trust has arisen.

 

Did you use it exclusively for company expenses previously?. If not, did you repay any personal expenditure you made using the card (previous to your spending binge before you left)?.

 

Even if you didn't sign an agreement with AmEx or the company, I doubt it would be hard for the company to show a "consistent course of dealings" that would help it advance the premise that a position of trust arose, that the card was for company expenses ...

 

Do you think you owe for the spending?.

 

If not, then don't repay it, and expect a CCJ.

If you agree you owe it, then make them a reasonable repayment schedule offer ..... you can always keep in reserve the concept that if they went for a CCJ a court would only enforce payment at a rate you could afford anyhow....

 

I've emailed Brachers llp and im going to call them today. See what I can do in terms of paying them monthly. I've mentioned where to send a Sar as well?! Hoping they accept an offer of payments monthly so I don't get a ccj

 

I don't see how an SAR will tell you anything you don't already know, unless there is PIP or penalty charges involved ..... are Brachers acting for AmEx or your previous employer?

If for Amex, might they try for a CCJ against you with your previous employer named as a second party? in which case its an easy win for them (and then to enforce against your employer, where your previous employer would then undoubtedly seek recompense from you....)

 

 

*EDITED TO ADD

 

They've issued the claim. Are your previous employer listed on the claim (as a 2nd party, anywhere)?

 

So, your offer would now have to include repaying the court fee and (limited) solicitor's costs.

If you say "a court will only insist on repayment at a rate I can afford", they may well respond "true, but at least with a CCJ we can get to enforce it". From their point of view, now that they have commenced proceedings, you'd have to offer them some benefit to them for not seeking a CCJ if they feel they have a good case.

 

Could you get your previous employer to pay, and reach an agreement with them to repay them?.

This would avoid a CCJ being registered against you, as long as you kept to the repayment schedule...

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This just seems to be going around and around. He is looking for a way of not paying a legitimate bill.

 

 

Which I don't think anyone has yet suggested (nor should they, if the site continues to not encourage debt avoidance : there seems nothing here to suggest improper behaviour by either AmEx or the employer.....)

 

A more charitable suggestion is that the OP may be looking for a way to obtain a repayment schedule while avoiding a registered CCJ, and I suspect this should be the better outcome (for the OP!) they should be aiming for.

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For which I've already made a suggestion. If they say no, then they would be silly as a court will if they should take it that far.

 

Why silly?

It will be a trade-off : the risk the court will impose a lower monthly repayment than the OP might offer outside of court against the certainty of having an enforceable CCJ.

 

Should the OP aim to offer them the best of both worlds if they really want to avoid a CCJ? How about a Tomlin Order?

 

Action gets stayed, so no CCJ registered, but can have stay lifted if OP doesn't stick to the repayment schedule.

Would that satisfy both sides, and save the court's time (a point the OP might make when proposing it.....)

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