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    • Post #415 you said you were unable to sell it yourself. Earlier I believe you said there had been expressions of interest, but only if the buyer could acquire the freehold title. I wonder if the situation with the existing freeholders is such that the property is really unattractive, in ways possibly not obvious to someone who also has an interest in and acts for the freeholders.
    • i dont think the reason why the defendant lost the case means anything at all in that case. it was a classic judge lottery example.
    • Hello, I will try to outline everything clearly. I am a British citizen and I live in Luxembourg (I think this may be relevant for potential claims). I hired a car from Heathrow in March for a 3-day visit to family in the UK. I was "upgraded" to an EV (Polestar 2). I had a 250-mile journey to my family's address. Upon attempting to charge the vehicle, there was a red error message on the dashboard, saying "Charging error". I attempted to charge at roughly 10 different locations and got the same error message. Sometimes there was also an error message on the charging station screen. The Hertz 0800 assistance/breakdown number provided on the set of keys did not work with non-UK mobiles. I googled and found a bunch of other numbers, none of which were normal geographical ones, and none of which worked from my Luxembourg mobile. It was getting late and I was very short on charge. Also, there was no USB socket in the car, so my phone ran out of battery, so I was unable to look for further help online. It became clear that I would not reach my destination (rural Devon), so I had no choice but to find a roadside hotel in Exeter and then go to the nearest Hertz branch the following day on my remaining 10 miles of charge. Of course, as soon as the Hertz employee in Exeter plugged it into their own charger, the charging worked immediately. I have driven EVs before, I know how to charge them, and it definitely did not work at about 10 different chargers between London and Exeter. I took photos on each occasion. Luckily they had another vehicle available and transferred me onto it. It was an identical Polestar 2 to the original car. 2 minutes down the road, to test it, I went to a charger and it worked immediately. I also charged with zero issues at 2 other chargers before returning the vehicle. I think this shows that it was a charging fault with the first car and not my inability to do it properly. I wrote to Hertz, sending the hotel, dinner, breakfast and hotel parking receipt and asking for a refund of these expenses caused by the charging failure in the original car. They replied saying they "could not issue a refund" and they issued me with a voucher for 50 US dollars to use within the next year. Obviously I have no real proof that the charging didn't work. My guess is they will say that the photos don't prove that I was charging correctly, just that it shows an error message and a picture of a charger plugged into a car, without being able to see the detail. Could you advise whether I have a case to go further? I am not after a refund or compensation, I just want my £200 back that I had to spend on expenses. I think I have two possibilities (or maybe one - see below). It looks like the UK is still part of the European Consumer Centre scheme:  File a complaint with ECC Luxembourg | ECC-Net digital forms ECCWEBFORMS.EU   Would this be a good point to start from? Alternatively, the gov.uk money claims service. But the big caveat is you need a "postal address in the UK". In practice, do I have to have my primary residence in the UK, or can I use e.g. a family member's address, presumably just as an address for service, where they can forward me any relevant mail? Do they check that the claimant genuinely lives in the UK? "Postal address" is not the same as "Residence" - anyone can get a postal address in the UK without living there. But I don't want to cheat the system or have a claim denied because of it. TIA for any help!  
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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 
      • 81 replies
    • 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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CFO Lending - Sayonara


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Gone into administration.

 

When the FCA banned them from operating as a Payday Lender, they also ordered CFO to redress customers who had been unfairly treated.

 

Today, they have gone into administration, with emails from the administrator stating the actual figure owed to the individuals, but it won't be paid.

 

:!:

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Why wont it be paid? I got an email saying i was owed a poxy £40 which is nowhere near what i think they shoukd owe me

 

Because their creditors get first pick, and anything left is then distributed between everyone else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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CFO Lending Have Entered Administration Today

 

CFO Lending

CFO Lending Limited – In Administration

 

We, Paul Boyle and David Clements of Harrisons Business Recovery and Insolvency Limited, were appointed Joint Administrators of CFO Lending Limited (‘the Company’) on 6 April 2017 at 11.40am The appointment was made by the directors of the Company pursuant to Paragraph 22 of Schedule B1 of the Insolvency Act 1986 and was filed at The High Court of Justice Leeds District Registry.

 

We can confirm that the Financial Conduct Authority (FCA) has consented to our appointment as Administrators. The purpose of this document is to provide clients and creditors with an outline of the current position, to explain what we intend to do as regards the Administration and provide details of what information we require.

 

Our role as Joint Administrators is two-fold. The first objective is to protect the interests of creditors generally, including consumer creditors. Second, we wish to maximise realisations from the assets of the Company, which may assist towards achieving the first objective. We can confirm that we are working closely with the FCA to achieve both of these objectives and will to do so.

 

The principal asset in this Administration relates to the outstanding loans repayable to the Company (the Loan Book) from consumer borrowers. The Company offered two types of loan: ones often described as ‘payday’ loans and, to a smaller extent, guaranteed loans.

 

Harrisons are the Administrators - Keep an eye on this one ladies and gents.

 

Link To Article

 

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Receptaculum Ignis

 

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no spaces!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm just curious as to why the 34 million redress package was even agreed with the FCA, in the absence of any reasonableness that they'd be able to honour it.

 

Most of the £34 million was write offs. I think they had to actually pay about £2.7 million in redress. Knowing what a bunch of snakes these people are I thought there would have been checks to make sure they had the money and that the money was ring fenced.

 

I always wondered what the incentive was for these guys to do the right thing as they were no longer actually making money from this business. With companies like Wonga and Sunny it makes sense to pay as they are still in the game. These guys have no doubt been taking monies out of the company in recent months in one form or another with the clear intention of going into administration in April. The FCA have known for at least a month CFO have not been making payments when due and fobbing people off with weak excuses.

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Why wont it be paid? I got an email saying i was owed a poxy £40 which is nowhere near what i think they shoukd owe me

 

It states this under the value of what you were owed -

 

Unfortunately, we do not currently envisage that there will be sufficient funds to enable the payment of a dividend in respect of your claim in these proceedings. We would, however, urge you to periodically review our website for updates in case that position changes.

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Perhaps CFO had every intention of making the redress payments (and maybe still will). It is almost certain that since the announcement and the headline £34m figure hitting the press they have had a huge surge in claims for unafordable lending. People would would have been due a payment of £40 or £50 pounds under the redress scheme may well have been due a payment of £1k or £2k if they made a complaint and that was upheld. Clearly compensation in these claims will never be paid.

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I have been told that the administrator has till June to let us know what will happen. I have resigned myself to not getting any payment but am annoyed that this has been allowed to happen and why has the FCA not made sure that we got paid

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I have been told that the administrator has till June to let us know what will happen. I have resigned myself to not getting any payment but am annoyed that this has been allowed to happen and why has the FCA not made sure that we got paid

 

Was your payment part of the redress scheme or a separate complaint made by you

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Most of the £34 million was write offs. I think they had to actually pay about £2.7 million in redress. Knowing what a bunch of snakes these people are I thought there would have been checks to make sure they had the money and that the money was ring fenced.

 

I always wondered what the incentive was for these guys to do the right thing as they were no longer actually making money from this business. With companies like Wonga and Sunny it makes sense to pay as they are still in the game. These guys have no doubt been taking monies out of the company in recent months in one form or another with the clear intention of going into administration in April. The FCA have known for at least a month CFO have not been making payments when due and fobbing people off with weak excuses.

 

Cheers - I knew the figure was a bit high as soon as I typed it!

 

My thought was/is that there was no intention to reach the point whereby redress payments were made but rather just wait it out until insolvency. FCA has a few questions to answer here as well.

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I have logged a complaint with the FCA as I want to know why it was not made clear when they asked CFO to pay the redress that funds were available and why was I told in October I was due a redress to be told yesterday that CFO had gone into administration. I would have preferred not to be told anything and CFO just disappeared.

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I have logged a complaint with the FCA as I want to know why it was not made clear when they asked CFO to pay the redress that funds were available and why was I told in October I was due a redress to be told yesterday that CFO had gone into administration. I would have preferred not to be told anything and CFO just disappeared.

 

Its disheartening I know. Just consider yourself free of these disgraceful vultures that they were and move on with everything :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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