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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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      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.

Swift Advances. Secured Loan Charges reclaim

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Sparkie1723

Sparkie1723

Posted
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In my opinion this agreement is unenforceable, for so many reasons I cant count,

 

It is impossible to understant the manner in which payments have been calculated.....it is without doubt a multiple agreement partly regulated by the CCA 1974...therefore the interest rate on the PPI should be shown an an APR in any event and it is not.......if the PPI is taken out of the amount of credit by the misselling it would affect the whole agreement and would in my view be declared void.

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sparkie

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Sparkie1723

Sparkie1723

Posted
Posted
I agree sparkie,

 

but the problem is, where can I get one?

 

most are rubbish

 

regards

 

 

That IS the problem ...it even goes further than that ...because consumer law and regulations are still so very complex even a lot of Barristers fall short on the undestanding of it .....even the law lords get lost.....and interpret it wrong .....when the facts of the matter are ..........when it has to come down to interpretation they forget that its the interpretation that favours the consumer that must prevail............ even they take no notice of that.

 

sparkie

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JHGlover

JHGlover

Posted
Posted

Sparki were you refering to my post

 

In my opinion this agreement is unenforceable, for so many reasons I cant count,

 

It is impossible to understant the manner in which payments have been calculated.....it is without doubt a multiple agreement partly regulated by the CCA 1974...therefore the interest rate on the PPI should be shown an an APR in any event and it is not.......if the PPI is taken out of the amount of credit by the misselling it would affect the whole agreement and would in my view be declared void.

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Get genuine good legal advice off a good consumer law lawyer

sparkie

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Sparkie1723

Sparkie1723

Posted
Posted (edited)
Sparki were you refering to my post

 

In my opinion this agreement is unenforceable, for so many reasons I cant count,

 

It is impossible to understant the manner in which payments have been calculated.....it is without doubt a multiple agreement partly regulated by the CCA 1974...therefore the interest rate on the PPI should be shown an an APR in any event and it is not.......if the PPI is taken out of the amount of credit by the misselling it would affect the whole agreement and would in my view be declared void.

My Advice

Get genuine good legal advice off a good consumer law lawyer

sparkie

 

 

Yes I was Friend

 

Sorry forgot to address it for you.

 

apologies sparkie

 

By including the PPI in the total loan and due to the fact it is stated to be a non cancellable agreement.....it meant your parents were/are tied to another agreement that was a cancellable one,....... that aslo falls under the Unfair Terms in Consumer Credit Contracts and Unfair Relationship ........a good Barrister would get ALL your money back under this one I believe....worth looking into ..Swifts agreements can be broken.

 

sparkie

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Sparkie1723

Sparkie1723

Posted
Posted
Thanks sparkie

 

can you or anyone else recomend a good barrister that i can contact to look into this case.

 

First I would try and locate a public access Barrister, one who takes cases on without going through a solicitor.there are quite a few.

 

 

What area do you live in?

 

sparkie

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Sparkie1723

Sparkie1723

Posted
Posted

Go to here..............There is also what is called pro bono Barristers ..ones that offer their services for free......in any event your parents could be eligble for legal aid assistance, because of their age

sparkie

 

Find A Barrister - Search - Barristers offering legal advice and services, find lawyers, public direct access barrister, law, law firm, compensation, solicitor, legal claim, litigation barrister.

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pkelly

pkelly

Posted
Posted

Can everyone find their Broker they signed up with? most likely not, what happens they can simply change their trading name, I know of one company who did so in order to get out of the PPI problem,

more about this lot later they are even worse off then Swifties, god pity them when the lads start into them, :mad:

pick up a penquin two systems for the price of one:?:

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pkelly

pkelly

Posted
Posted (edited)

Talking about Barristers matie

I heard a rummor today of one who was Working and on his way home he took a tantram or tandam or whatever you call that thing, anyhow talk about the Wheels falling off your wagan lol:D

Edited by pkelly

pick up a penquin two systems for the price of one:?:

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Sparkie1723

Sparkie1723

Posted
Posted
Talking about Barristers matie

I heard a rummer today of one who was Working and on his way home he took a tantram or tandam or whatever you call that thing, anyhow talk about the Wheels falling off your wagan lol:D

 

 

Yep pkelly...... thats the one that amended a Swift witness statement..

This is what amend means

 

1.to alter, modify, rephrase, or add to or subtract from (a motion, bill, constitution, etc.) by formal procedure: 2.to change for the better; improve: to amend one's ways. 3.to remove or correct faults in; rectify.

 

BY amending that statement he bcame a joint witness in my view, Barrister or not....he altered it.

sparkie

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Sparkie1723

Sparkie1723

Posted
Posted

Re Swift Advances v Ourselves

 

To

A copuple of further questions for Mr Mathew..........already sent ...but sparkle can copy it in the morning just in case

 

sparkie

 

 

Mr Mathew Payne

Swift Legal Services

 

Dear Mr Payne,

 

As you are aware Swift Advances Plc have re instated the possession proceedings against us, as both of us are aware that our account was transferred to Kestrel Loans No 1 Ltd, can you confirm before Wednesday close of business, that Swift Legal Services are also the appointed legal representatives of Kestrel Loans No 1 Ltd.

 

I will be asking this question in Court, it would be simpler and would save time if you could answer before hand, as am sure you will have deuced I do have a great many of such similar ones to ask, some that have not been mentioned as of yet.

 

Also could you supply me with the name of a senior representative of Kestrel Loans No 1 Ltd who can explain to the Court, all the relevant details of the transfer/sale of our loan to the Kestrel company involved, and from the point of view of that company.

 

I trust you will reply by return

 

Your sincerely

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pkelly

pkelly

Posted
Posted

ah well must go auld matie looking forward to monday morning lol not like a lot of people cant wait to see how this all is goes down in headoffice

and so its good night from me

pick up a penquin two systems for the price of one:?:

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Guest blackie

Guest blackie

Posted
Posted

Good morning Swifties, just had notification from the company that is monitoring Swift for me, that on the 30th October there was a change id Director / Secretary. Interesting........

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Smarterchick

Smarterchick

Posted
Posted (edited)
Good morning Swifties, just had notification from the company that is monitoring Swift for me, that on the 30th October there was a change id Director / Secretary. Interesting........

 

 

My little inside mole tells me Mr Rosenberg the Company Secretary has gone ;)

Getting far too hot in the kitchen...

 

Just had another phone call - Barwick has taken over as Co.Sec..

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pkelly

pkelly

Posted
Posted

I got a message for all of you to Desist from putting up any more posts until the staff and illegal teens have caught up with the last lot,

They are under pressure, I just heard another one has applied for a new job, lol

:(:mad:

pick up a penquin two systems for the price of one:?:

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