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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.  

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    • 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.

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      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.
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      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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Tendom's partner vs. Welcome (PPI and the rest)


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Hi

 

In 2005 my partner had bad credit and foolishly signed up with Welcome for a car.

 

Paid a significant deposit, acceptance fee about £100 and the loan for 28.9%. Then PPI for 26.5%. This combined to make a combined monthly payment.

 

2 years in he finally realises that this payment is not worth the value of the car.

 

He voluntarily terminates (vt) 6 mths ago. Then gets statement saying he has to pay arrears (fair enough)...missing documents cost...PPI...damage to the car!!:mad:

 

When you vt they send the RAC to do a vehicle inspection. If you don't turn up on the day then you get charged. The settlement statement has a charge of nearly £200 for missing documents. The letter makes no mention of bringing MOT etc with you to see the RAC!

 

PPI was signed and was a single payment which he has been paying back monthly. He was told that it was optional with them but to get it elsewhere would mean car loan would have higher APR.

 

The RAC found a dent on a 7 year old car and now welcome want to charge over £300 in damages:mad: ...well I got the mechanic to write a letter saying that the car was in good nick for its age...according to 4e of the contract the car must be returned in 'gd condition for age and mileage'

 

Aslo he cancelled the DD to avoid charges and agreed with the person dealing with his account to phone him at the end of the month for payment...had several a/c managers since...each time having to explain he did a vt...dealing with constant calls every mth 2 weeks before the next payment is due to 'check' he's going to make it:mad:

 

The settlement statement gave a refund of PPI (a small amount, says in the contract).

 

Now sending complaint to FSA, FLA and their office disputing the remainder of the debt, everything mentioned above (arrears have now been paid) but I cannot find the letter on the A-Z list where they cannot default you during this time:confused: Can anyone help?

 

Cannot express how wonderful it will be to be finally rid if this atrocious company:D

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Good luck with it - it sounds as if you have it all in hand.

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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In addition, they left 2 threatening messages on his mobile and landline saying that if he didn't make the payment by that day -end of the month- they would come the next morning and take the car.:mad: :mad:

 

1. car has already been vt'ed

2. over a 1/3 has been paid so a court order would be needed.

 

I got him to record the messages on his dictaphone. Do not know how I'm going to get the recordings to the relevant authorities yet.

 

Already told them he would pay at end of mth and he did!

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  • 1 month later...

Update -

 

Partner just got creit reference. Found 15 incorrect entries on the payment history showing that payments were missed when they weren't.

 

:mad: :mad: :mad: :mad: :mad: :mad: would use more but limited to 6.

 

Just sending letter to them now demanding instant correction.

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  • 2 weeks later...

check your credit references! they had 13 entries as late/missed when 2 that were missed showed as paid!

 

After a stern letter and cc to OFT, FOS, FLA record is now corrected.

 

you should all check.

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