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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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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Phoenix Recoveries (UK) Limited/ SARL-Marlin


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Hi There all. (PLEASE HELP - URGENT!!!!!!)

 

In desperate need of help. Just to give you an overview of the situation. I am married with 6 children and in full time employment. I have received a Court Claim form this morning from Phoenix Recoveries (UK) Limited which have purchased a debt which I do have (or did have) with Sainsburys Bank (an unsecured personal loan)

 

The debt was for £17,400.92 which I know that is correct - Sainsburys were accpeting my payments through the CCCS but now they are claiming the original £17,400.92 and £3,306.41 Interest back dated - also interest at a daily rate of £3.10 plus court costs and fees etc making the debt even higher at £21117.33.

 

I need some advice on how to proceed with the claim form and also what the best option for me is bearing in mind the increase size of the debt now.

 

Can I offer them a settlement - they did not bother to contact me - they just sent the forms via Moneyclaim!!

 

Is it a case of foreign company profiteering yet again or am I well and truely "shafted"

 

Look forward hopefully to some interesting posts.

 

P.S One option that I would consider is borrowing a proportion of the money from a family member - but we do not have £21K lying around in a Swiss Bank account.

 

Also I owe in excess of £40 in total.

 

Many Thanks

Bluetiny2002:)

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Thanks 42Man.

 

Whta happens after the 14 days? Pressumably if I do not receive a reply then they do not have the right to claim further? What iof they do provide a load of info and do have the right to proceed?

 

As I am new to this any further advice is appreciated.

 

I will post further news but I will do the letter tonight then keep you updated as to the progress.

Thanks

 

Bluetiny2002

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I am now doing the online forms for the court bit.

 

Question though.... Am I contesting all of the claim? and also am I contesting the jurisdiction of the court?

 

Any help 42Man will be greatly appreciated.

 

Bluetiny2002:)

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Thanks guys for all your help....the form will be done and I really do appreciate what you have advised. If left to me I would have no chance, so more than a glimmer of hope will be a plus.

 

Let you know how it goes.

 

Bluetiny2002

:)

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Form complete (online - copy printed off) and now I suppose I await the response - if I do not hear from Phoenix in 12 +2 then it is a step in the right direction.

 

Hopefully the are going to be a little snowed under with other paperwork.

 

Cheers

Bluetiny2002

:)

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  • 2 weeks later...

Well,

 

Guess what - obviously received no reply from Phoenix.

I have a POD for ther recorded letter.

 

Question - Do I know go into the defense section of the online moneyclaim section and tell the court to throw it out of court and the reasons why? i.e they have prevented my defense and also they have no right under CPR?

 

They have failed to provide any info and it has been over 14 days (letter signed for on the 5th March.)

 

I know need to knwo the next step - so please could you help once again.

 

Many Thanks

Bluetiny:)

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