Jump to content


  • Tweets

  • Posts

    • I am getting conflicting advice from friends about this issue. I am hoping somebody can end my confusion. A couple of weeks ago I took my Mum out for her birthday. Another driver scratched the front passenger side near the bumper of my car as it was parked up. There are no dents just quite severe paint work damage. He scraped his car against mine. The other driver drove off. Luckily there was 2 witnesses who got the other drivers reg number. Cut a log story short the other driver said he didn’t realise he damaged the paintwork on my car. He has however admitted liability. His insurance is paying out. Last Thursday my car was taken away to have the paintwork done. Today I been told my car has been put down as a total loss (not a write off).  As it is only paintwork damage and not body work or mechanical damage, I don't understand why it has been put down as a total loss. I have been told by the insurers I can either write the car off and receive payment to the value of the car or I can take a lower payment and get the car repaired myself.   I am getting conflicting advice from friends. Some are saying if I keep my car and get the repairs done myself the car will then be classed as a category S or category M and I will no longer be able get insurance on the car as it will be classed as written off. As it is only paintwork damage and not body work or mechanical damage, I don't understand that. My questions are  If I take the payment to get the paintwork repair done myself will I still be able to insure my car when the insurance is up for renewal? If I take the payment to get the paintwork repair done myself will my current insurance policy be voided? If my car does get classed as category M or S will the stop me from selling it on the future? Thanks
    • Yes, it is just for Tesco. But as that manager explained, those two spaces on that ground are now rented by the electric company. "What appeal?  Private parking companies never, ever, ever accept appeals - ever." What is my next move then, please? Just wait for them to issue me with whatever it is they issue, and then what? 
    • so how are you doing OP?  Letter of claim ready?
    • @fusionrox please create your own thread by clicking the button at the top of the website
    • He’s still At it from a bungalow on Haslingden Road. Changed name to Bamberbridge cars with a Preston based phone number (01772) but dodgy dealings at the bungalow are still a go.
  • Recommended Topics

  • Our picks

    • 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
      • 161 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
        • Like
  • Recommended Topics

How can you tell


niklepic
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6010 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

it would depend on the type of agreement, as to what prescribed terms would be required

 

also it need to be signed by both creditor and debtor to be properly executed however improper execution would not necessarily render the agreement unenforcable in court.

 

lacking the prescribed terms would however mean that the court cant enforce the agreement

 

 

to be honest, its far easier to post up your agreement ovbiously removing the personal details first and let us have a look over it to give na opinion

 

Regards

paul

Link to post
Share on other sites

now, just a thought, are these agreements ones which you have requested under the Consumer Credit Act ? the best thing to do is to get a copy of what your creditor has, this gives you the advantage of looking at what they would rely on not what you have, for example, they could have lost the agreement and may write back saying that theyve lost it which means game over

 

Regards

paul

Link to post
Share on other sites

no they are ones that i had already - on checking i've only actually got 2 and i've had more than that with them (cos i'm silly!). suppose i could cca them and see what they have. the copies i have are actually really bad - carbon paper copy.

Link to post
Share on other sites

right, you need to CCA them, to see what they have, that would be my first step, this would establish what they have and you can look at how to proceed from there

 

what are you looking to achieve from all this then?

 

Regards

 

paul

Link to post
Share on other sites

its a secured loan and if i can get out of paying the extortionate interest rates it would be a load of my mind. i'm more concerned about the agreements i have already paid off in full to be honest - im sure the interest i have paid doesn't quite add up!

Link to post
Share on other sites

ok well, firstly, if youve paid the loan and it turns out that the agreement is unenforcable then you will not be able to do anything anyway

 

the House of Lords in Wilson ruled that where a lender does not have an executed agreement, it is not possible for the debtor to reclaim any monies they have paid.

 

therefore what youve paid is lost im afraid,however any unlawful penalty charges can be reclaimed ie late payment fees etc

 

now with regards to the agreement, CCA them, we can then look at the agreement, if the agreement is unenforcable then it will give you good grounds to negotiate with them to remove interest and only pay back the loan with no interest and you can set your own payments as well if thats what you want to do

 

Regards

paul

Link to post
Share on other sites

Great thanks for your advice. i'll cca them and take things from there. Just realised that you're a law student. what kind of law do you want to practice? Im a legal sec/pa in clinical negligence dept. Come over to the dark side lol.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...