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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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    • 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
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I am not an authority on short term unsecured loans. I do however have 10 + yrs experience of finance and how these disputes pan out. In the vast majority of cases where the APR breaches 50% the court rules in favour of the debtor on useary grounds (extortion). Companies are aware of this and try to elongate the time of standard accumalitive interest rate to extract as much as they can before actually going to court, that is even if they bother to do so as the cost of legal proceedings often exceeds the recouping of the debt and interest. They will send scary letter after scary leter to extract what they can.

 

If you borrow £300, get into bother with the loan, get some scary letters and pay £500 over a year, yet still have an outstanding balance no court in the land will fall favour to the lender in my experience. For exapmle that type of repayment equates to 66% flat return, most banks work on between 2-6%. They have had their return already and should not be persuing you for more.

 

Stop paying, request court action. If they refuse take them to the small claims court first. Document and date all correspondance. For £1000 or less they probably won't even turn up therefore you will automatically win. You may even get the original debt wiped.

 

Rule 1. The more aggressive the letter, the weaker the stance of the agressor. If they had an easy case they would simply go to court and win and save the cost of the letter. Ignore scary letters, acknowledge calm considered ones. Coloured print, usually red and official sounding legal firms are a favourite. Asquth Wallace and Squat of London etc etc, all BS, tin pots in an office in Aylesbury with a Mayfair po Box to make them sound good to those who have little experience of the law.

 

Rule 2. Seek advice. Go to the CAB or other debt management charity and discuss your situation. Avoid like the plague fee charging private debt management companies. They don't do anything you can't do for free and charge exorbitant amounts for it.

 

Rule 3. If you are struggling with debts stop digging. There are many charities and govt bodies who will help. The longer you wait to get help the bigger the problem will become.

 

Rule 4. Never ever take out a short term loan if you have any doubt at all you can repay it. These loans are structured in a way that means you borrow say £90 and repay £100 for a few days, which is attractive if you are in a hole. However, the rate they charge is in flat return (the way banks calculate return) is very high and the interest on the same loan over a year is astronomical. Add the fees for late payment as well and you are into the 3000% APR plus country.

 

Rule 4. Baliffs usually have an IQ lower than 6, very easy people to out smart. They do not have right of entry to your home despite what they say, the police do, baliffs don't, but an easier route to take is to prove to them all item of value in the place you are staying do not belong to you. Register your car to a friend or parent, declare yourself a lodger of your partner and produce paperwork to prove this, effectively become a legal lodger in your own home. They cant even touch the door bell if you have proof none of the items are yours.

 

Think of it like this, if you were renting a room, and in debt, and the private baliff came round to talk to you and reposess your stuff, if they took items belonging to your landlord, how long would their case stand up in court? It wouldn't. Assume this position. Baliffs like to make an enterance but hate heat, they won't do anything to encourage legal investigation. Stealing a third parties belongings to settle a debt not associated to the third party will cause them more than warm heat.

 

Lastly an finally, debt is scary, it shouldn't be. Its just numbers on paper. The creditors can't kill you, take your family, cut your gas off, put you in prison. If you are in debt, step back, use the FREE tools available to you, stop burying your head and face up to aggressive lenders with more force that they attack you. Believe me they hate it, they want passive idiots who keep paying, don't be one especially to the sharks.

 

If you can't manage your debt, go bankrupt. Thats what it is for. If you owe lots and have limited assets you have nothing at all to lose. Add up what you own, minus what you owe. If the net result means you can't recover easilly within 5 years to a balance of zero, go bust and start again.

 

I really hope this helps. Genulnely I do.

 

MoneyExploding

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