Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Full & Final Settlements and Double Default!


EffPee
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5682 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good morning all,

 

I have been wading through my debt for a very long time now -- and finally received a small inheritance from my grandmother which I intend to use to clear it all.

 

I do physically have enough to pay the debts in full, but I am caring for both my mother and grandmother now, with no hope of being able to go into employment any time soon, therefore this money is all I have for the foreseeable future. I am not claiming/entitled to any benefits and I am not yet entitled to carers allowance because of the disability bands they are both on (though someone is coming to re-assess my grandmother next week). This money will also need to be used for any future funeral costs for my grandmother as her life insurance ran out and she is no longer able to renew a policy... she also spent the payout :|

 

Is it still acceptable to make offers under these circumstances? I am a little worried and have been deliberating whether to just pay them all outright. If this is acceptable, I intend to type up my offer letters today.

 

I found this factsheet some months ago and was wondering if this is the correct way to go about it -- and the best letter I could possibly use:

 

National Debtline England & Wales | Debt Advice | Factsheet 24 Full And Final Settlement Offers

 

Am I to understand correctly that as well as keeping a copy of all letters sent, I should send them recorded delivery?

 

Also, is there a different way to go about offering to debts already sold or do I just include as normal?

 

 

 

Now for the double default...

 

Freemans, who I arranged to pay £689 off through EOS, at £20 a month, recently wrote to me saying they had sold my debt to Actio F and placed a default on my credit file. This was after three payments at £629; the default date is 07/08/08 but they didn't add it until the end of October when they sold my debt (File Updated for the Period to: 09/11/08 -- presumably because they realised they were not getting their money very fast) which annoyed the heck out of me. Is that legal?

 

Well... I called EOS yesterday to ask where I send a full and final offer to since I am now owing to Actio F -- and they told me to send it to themselves... Then today I get an email credit alert. It seems I have a sudden appearance of ACTIO (ALBIS) on my credit file, with a default for the same debt, same amounts £689 and £629, default date the same date 07/08/08 and File Updated for the Period to: 09/11/08. Confusing...

 

Really, I guess I could use some help on my rights with defaults here so I can check everything. I'd be more than happy to write letters and even take them to court to get rid of this mess as I am 28 and will more than likely be wanting a mortgage some time before I'm 34!

 

 

Many, many thanks in advance for any advice given

Link to post
Share on other sites

Okay, well I'm just going to go ahead and send out offers based on the template letter mentioned.

 

My debts add up to almost 14.7k (there was a student overpayment of £905 but I settled that yesterday) so I'm thinking of offering to split 8k between my debtors as in the example.

 

Does this sound like a sensible offer?

 

Thanks

Link to post
Share on other sites

Okay, well I'm just going to go ahead and send out offers based on the template letter mentioned.

 

My debts add up to almost 14.7k (there was a student overpayment of £905 but I settled that yesterday) so I'm thinking of offering to split 8k between my debtors as in the example.

 

Does this sound like a sensible offer?

 

Thanks

 

It is unwise to go making any offers to anyone until you are certain they have a legal right to collect on the alleged debt.

 

Defaults are a totally different matter. A clean credit file is pretty much like the end of the rainbow - seemingly visible in the distance, but in reality unreachable. If anybody ever has managed to achieve such a thing, I would love to know how.

 

It is important to deal with this in a realistic way, and not be continually overpaying on unenforceable debts in a vain attempt to keep your credit file clean, when there is little or no chance of achieving this anyway.

 

What type of alleged debts are these? How many of them are there? How old are they? If they are bank account overdrafts, is it likely that there are substantial unlawful charges?

 

All of these need to be factored in before you decide what to do.

 

SH

  • Haha 1
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...