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    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
    • Hi and thanks It looks like they ticked all the boxes to me but I'll try and upload the notice. I was wondering if a witness to late delivery might be considered proof - I'm assuming they posted it as normal but Royal Mail stuffed up delivery. If not then they're really saying it just has to be posted within 12 days of the incident, regardless of when it is received. Annoying! edit ok thanks Honeybee here's my 2nd (actually 3rd) attempt at anonymising, copying and uploading the notice! Sorry about the state of it - I sat on it while distracted by my dog 🙃 pcn front.pdf pcn back page.pdf
  • 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

Yes Loans


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Hi new to the forum, hope ive put this in the correct place if not appologies.

 

My problem if anyone can help is i applied online for what i thought was a loan from yes loans, everything seemed normal and i received a txt on my mobile saying i had been accepted, shortly after i received a call from them to finalise details, in this call i was quoted my loan amount and chose repayments. I was asked for and paid a 49.50 admin fee which i thought ok considering i would have my loan in a few days.

 

Yesterday i received the paperwork and discovered they are actually credit brokers and would try find me a loan within 6 months, ive never really heard of this before and assumed when they told me i had been approved for my loan and chose my repayments the loan was definate or would never have paid them the fee.

 

I feel cheated as their site and phonecalls lead people to belive they are the lender.

 

Ive not signed the agreement and would like my money back, i phoned them several times but was fobbed off.

 

Whats my rights? considering ive not signed any paperwork and they took the fee off me before i received it

 

Thanks in advance

callum

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As you have found out they are a credit broker who charge a fee for unguaranteed results.

 

The major problem is the phone call, as they may well claim that you were told the above. Unfortunately without the actual recording it is simply a case of your word against theirs.

 

You will certainly not be the only person to be misled so it certainly worth complaining to Trading Standards (all complaints add up).

 

Hopefully, some-one with more knowledge will be able to add further information.

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Unfortunately you have found out too late about them

 

A quick google before sending the money would have told you all you need to know.

All my posts are made without prejudice and may not be reused or reproduced without my express permission (or the permission of the forums owners)!

 

17/10/2006 Recieve claim against me from lloyds TSB for £312.82

18/10/06 S.A.R - (Subject Access Request) sent

03/02/07 Claim allocated to small claims. Hearing set for 15/05/07. Lloyds ordered to file statement setting out how they calculate their charges

15/05/07 Lloyds do not attend. Judgement ordered for £192 approx, £3 travel costs and removal of default notice

29/05/07 4pm Lloyds deadline for payment of CCJ expires. Warrant of execution ready to go

19/06/07 Letter from court stating Lloyds have made a cheque payment to court

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plenty of the same out there, never send money for anything offering a loan, if they're going to lend you, say £5000 why do you need to pay £50??????????????????????

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think this has been resolved, everytime i phoned up, they answer straight away but as soon as you mention the word "refund" you are put on endless hold.

Called their collections department, read the law out to them, demanded an immediate refund and that i do not wish to be put on hold, 2 mins later they were arranging to refund my card.

 

Well hopefully thats the end of that, know not to be so gullible next time.

 

thanks for the help

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hi callum

 

 

exactly the same thing happened to me and the same tactics have been used. what number did u call 4 collections? i have been holding on all day on my mobile 4 them and my bank wont help. they cant even tell me who the money is going to. had to go without food yesterday as they took my last £50 even although i told them on 3 occasions i didnt want 2 go ahead as they were merely brokers. any help would be appreciated.

 

thanks

gemspan

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call 0871 282 4444, enter your ref number, dob etc, i think its option 2, then choose the option to pay your admin fee.

Im not sure wether you have signed any paper work yet, if not explain this, and that your in no formal contract with them.

 

It might help to mention you have been in contact with trading standards.

 

Hope all goes well.

 

 

 

Does anyone know if this is covered by the distance selling regulations, i know it dosent cover financial but they are merely providing a service and not finance as such,

 

The key features of the regulations are:

  • you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
  • you must also provide this information in writing
  • the consumer has a cooling-off period of seven working days.

I also mentioned this to them

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Well Callum, phoned that number and got my money back. Got the runaround last night but spoke to somebody who was really helpful today.

 

Thanks for giving me that number. I would have been lost otherwise.

 

Thanks again

Gemspan

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