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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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      BankFodder

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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Anyone had any dealings with Credit Security Ltd?

foreverlostintime
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HeatherMc

HeatherMc

Posted
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I think a lot of DCAs accept £1 token payments, if you have sent to them your income and expenses they don't really have a choice. And although the debt is £5500 they will have bought it for a lot less than that so will prob end up making money on it.

 

Have you sent a cca request to make sure they are entitled to collect the debt? That is the first thing you should do. Although keep paying the £1 in the meantime.

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HeatherMc

HeatherMc

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You are perfectly within your rights to ask to see a copy of of your agreement and it should not affect the payments. After all you have demonstrted that £1 is all you can afford to pay.

 

It doesn't matter how long ago they bought the debt, they are still not entitled to seek payment for it unless they have a cca.

 

I would send off a cca request. They can't force you to pay what you can't afford. If it is enforceable and they have a valid cca then fair enough keep on paying them the £1 but they can't force you to increase this if you can't afford it.

 

If not it would be up to you what you wanted to do about it. You could continue making the payments but without an enforceable agreement you wouldn't have to.

 

If they can't provide a valid cca and the bank do not have a copy then it is game over. They can't enforce the debt and you won't need to make payment. There is nothing they can do about it.

 

I think it would be worth while sending a cca request. It wouldn't do any harm, as I say, they can't force ou to pay what you can't afford whether they have a valid agreement or not.

 

Hope that helps.:)

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rory32

rory32

Posted
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then this debt becomes unrecoverable by anyone?

 

Basically yes. While the debt still exists without a copy of the credit agreement the debt is unenforceable even in a court of law.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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HeatherMc

HeatherMc

Posted
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I was the same when I first started on this site. Because I had been paying them already I thought they would find it a bit suspect that all of a sudden I was disputing it.

 

But it is your right. It is up to them to prove the debt exists, not for you to prove it doesn't.

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HeatherMc

HeatherMc

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Before I found this place it was like a cloud hanging over me that I couldn't get away from. CAG has given me the confidence to take on the power of the banks and dcas and not allow them to bully me anymore.

 

Remember to post a £1 cheque or postal order with your cca letter, thats the maximum they can charge for supplying it to you. If you don't then they sometimes use it as a stalling tactic. Writing to you to tell you to give them the £1 before they will do it. It's best to pre-empt them on this. Don't give them any excuses!

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rory32

rory32

Posted
Posted

Remember to send the CCA request recorded delivery and don't sign the CCA request.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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