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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 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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Hi guys

some time ago a friend of mine signed as a guarantor for a friend of hers. My friend has now passed away.

Wonga are now pursuing her daughters for the loan as her friend has since defaulted.

 

My question is, can they do this as her estate has now been sttled. ?

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no Wonga cannot.

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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A few questions if you don't mind.

 

* How long ago was the death of your friend ?

* Had a notice been posted in the London Gazette ?

* How long did it take for the executors to distribute the estate ?

* Who were the executors ?

 

In theory, Wonga could pursue the beneficiaries, but there is a process that they should follow (and this assumes the executors had done their part correctly) and they have to prove that they have a valid claim against the estate.

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Yes wonga can if the daughters were the executors of the will and have not followed procedures correctly.

Namely giving notice that the person has died and if anyone has a claim against the estate to apply for recompense

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The death was in oct.

I have no idea about a post in the gazette sorry.

the estate was settled in April.

the executors were two daughters.

The daughters were unaware of the loan until after the death when the person defaulted on his loan.

 

hope that helps.

Edited by marcaz2
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Can death revoke a guarantee?

 

Generally speaking, the answer is ‘yes’, where the consideration for the guarantee is divisible. Once notice of the death is received, the guarantee is revoked from the date of the notice in relation to future transactions. Notice doesn’t need to be direct or formal.

 

Does the wording of the guarantee help it to survive death?

 

Death may not be the end of the matter. The next task of a creditor seeking to rely on the guarantee is to look at the wording of the guarantee itself to see if there is anything that may negate this general position. If the wording specifically states that the guarantee is continuing and not revoked by death, or the guarantee extends to the guarantor’s executors or personal representatives, there is a good chance that it will survive the death of the guarantor, allowing you to make a claim on their estate.

 

Regards

 

Andy

We could do with some help from you.

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