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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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    • 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.

Its Not A Crime! - BR 28 Feb

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tiglet

tiglet

Posted
Posted

I would try letter K - it's in the sticky above this thread.

 

It's basically asking for the debts to be written off due to her circumstances.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

basically, when there is no chance of the debt ever being repaid - the person is permanently unable to work due to ill health and is on benefits, that sort of thing.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
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I'm so sorry to hear about your problems - i'm sure your daughter appreciates having a Mum who is as helpful as you. You can write letters on your daughter's behalf and get them signed by her or you can get her to write a letter explaining her health problems and giving permission for you to deal with these matters for her.

 

Depending on what the circumstances are, you have one of three options.

 

1. Send a SAR to each of the creditors to assess how much of the debts are made up of charges. Start reclaiming these once known - you may have heard about the OFT case regarding bank charges, but this does not apply to credit cards and loans and stays can be lifted when there is hardship involved.

 

2. Challenege the companies' legal right to collect the debts. Depending on what they are, most can be challenged by asking for a CCA to be sent.

 

3. Send letter K. If your daughter has a consultant and/or a social worker who can also write giving evidence and supporting her claim, so much the better.

 

I'm afraid it's not going to be as quick a process as you or your daughter would like and it's likely to be challenging - I just wanted you both to be prepared for that. however, if you atke over and ask for all communication to be in writing, taht should take some of the stress away from your daughter.

 

To be honest, you both have enough to worry about and I think you should be resolute that this can and will be sorted and not let it stress you. at this stage, there is no need to consider bankruptcy - and if this happended as the last resort, it is not the end of the world either.

 

Keep your chin up and post anytime you need more advice.

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
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This is absolutely shocking.

 

i would speak to the police domestic violence officer at your loacl police station - you can do this by phone and won't act unless you/your daughetr give permission.

 

Psychological abuse is still abuse and when you explain what has been going on, they may well be able to give you some advice on what to do next.

 

Firstly, i would get your daughter out of there. i don't want to alarm you, but this person sounds as if she has potentially got sociopathic tendencies which disturbs me a lot in terms of what her reaction could be and I would say keeping your daughter safe is your first and foremost priority. Stuff being independent - being safe and free from harm is the most important thing at this stage: working out how she can become independent again can come later.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
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Good luck - keep us posted.

 

Your daughter is extremely lucky to have a mother like you.

 

Tigs xxx

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
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Or go down and ask to speak to a manager and explain everything - you may get things sorted quicker that way.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
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Have you thought about approaching your local councillor as well as your MP? they can often help at a local level as they seem to have more time to spare to deal with this sort of thing.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Selling the debt on has nothing to do with investigating your complaint - I would send that letter over to the FOS with a covering letter shapish.

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Could it be construed that Barclaycard are accessory to a crime by doing this?

 

Perhaps legal bods will know.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Might not be the case, but at the end of the day, they have made money by selling this account - proceeds of crime act 2002 apply here, anyone?

 

It's not as if they are unaware of the situation regarding the fraudulent usage and have not stated when they sold the account, only that it was prior to knowing about the bankruptcy.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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tiglet

tiglet

Posted
Posted

Personally, I would inform the police and the FOS, if not the FSA.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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