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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
      • 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
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Egg, DLC, Alpins


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Hello there

Like many, I found myself in serious debt a few years ago now, and am still trying to get out (it's slow but I'm getting there).

I went through a long saga with Egg, DLC, Alpins who attempted to put a charging order on my property. I defended it till the bitter end and the application was dismissed by the district judge.

I had been paying the £25 per month for a £7k debt and they wanted more which I couldn't afford. Anyway, I have been paying the money for well over two years and never missed a payment.

In August I changed banks and it now seems stopped paying DLC £25 per month. I have moved from the address they have and am having my mail re-directed. Anyway, I just opened a letter telling me:

 

You have not made a payment under this judgement and we are applying to have you brought before your local court to be examined under Oath as to the reason for non-payment plus detailed information of your income, assets, outgoings and overall finanical situation.

 

This will involve a Court fee of £45.00 which will be added to the debt and will be payable to you,

 

If you fail to attend the court hearing a Committal Warrant could be issued for your arrest.

 

If, within the next 5 - 7 days, we hear from Direct Legal and Collections that a payment has been made to their satisfaction we will hold action. Failing this you should be hearing from the court within the next 21 days

 

I have since sent (tomorrow morning) a cheque for £100 that covers the months I have missed and a letter explaining that I've changed banks (i didn't give my new address) - can't quite cope with the stress of the possibility of bailiffs turning up. The letter was dated 31/10/2007. Do I have a leg to stand on?

 

Help needed please.

Many thanks,

N.S.H.P

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I think you will be OK as you have made a payment to clear the arrears. Perhaps you should send the letter recorded delivery just incase there is a problem. I am sure if you bring the payments up to date they will not take any further action.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Do I have a leg to stand on?

Was the error caused by you or the bank? Normally DD's, SO's would be automatically switched to the new account when you change banks.

 

Can I also ask are there penalty charges on the CCJ that you could claim back to reduce the amount owing on the CCJ e.g. late payment charges? What type of account was the CCJ in relation to e.g. a loan, a credit card?

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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I left the bank on my own. And thought I'd transfered everything.

The CCJ is in relation to a bank loan.

The original order was forthwith. I asked for the Judge to review this and they asked took me to court to put a charging order on my property.

I fought the case as I thought that they didn't give me reasonable payment options. The judge thought they were also harsh but in the end dismissed the claim on a technicality - he noticed that they had not informed my other creditors within a reasonable amount of time.

 

I want to know if I'll have to go to court again and whether, I'll be arrested for late payments on a CCJ (that was in relation to a bank loan)... Please help, I can't sleep.

Should i try and get an advance on my salary to try and pay a lump sum?

Please, I am so worried...

Many thanks,

N.S.H.P

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I

want to know if I'll have to go to court again and whether, I'll be arrested for late payments on a CCJ
Put that out of your mind. There has been a mess up with you changing banks but you're resolving it. Now that you're up to date again the court wouldn't be interested in action against you.

 

Just get that DD or SO set up again properly and make sure the payments are kept up to date.

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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Please do :)

 

If you have any more questions regarding the CCJ please just post.

 

Can I also ask are there penalty charges on the CCJ

You never answered that question. Remember if there are penalty charges on the account you can claim these back to reduce the amount owed on the CCJ. The amount stated on the CCJ is not set in stone and the court can quite easily lower the amount.

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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Please do :)

 

If you have any more questions regarding the CCJ please just post.

 

You never answered that question. Remember if there are penalty charges on the account you can claim these back to reduce the amount owed on the CCJ. The amount stated on the CCJ is not set in stone and the court can quite easily lower the amount.

 

I don't know. The CCJ was made and the next thing they did when I couldn't pay the full £7k was apply for a interim charging order. When we went to court the judge dismissed it and it was left there. That was in Novemeber 2005; i simply kept paying £25. This was never written down or pursued. Once the case went in my favour I never heard from them as I kept paying £25.

Many thanks,

N.S.H.P

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What you could do is send a SAR to Egg (costs ten pounds) to get a copy of your statements to see if there are any charges on the account. You can then start the process of reclaiming these to reduce the debt.

 

SAR template is here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

It's always a good idea to send this recorded delivery. The address to send it to is:

 

The Recon Ops & Clearance (DSIR) Team

Egg plc

Point North

Waterfront West

Brierley Hill

West Midlands

DY5 1LU

 

To then request that the charges are refunded the address is:

 

The Customer Relations Office

Egg plc

Riverside Road

Pride Park

Derby

DE99 3GG

 

Any questions just ask.

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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