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    • If you are buying a used car – you need to read this survival guide.
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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.

      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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    • 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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Personal Guarantee


MarkThomas123
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Just found this fantastic site and hope someone can help.

 

In 2006 my business went through and I had a lot of debt after trying to keep the business going. £25k on credit cards, since managed to get these down to £12k.

 

A year later I had a letter from Lloyds TSB claiming that I had a guarantee in place for £15k for the company overdraft. I asked for a copy (had completely forgot I had signed this) and copies of statements on the bank account and opening agreement etc.

 

They've since replied after many letters that I can see the statements if I pay them £1500 and have failed to supply the original account agreement.

 

The liquidator has already been given in excess of £3,000 and Llloyds TSB argue that this will not cover any of the £15,000 overdraft at all as they have since charged interest on the account.

 

I see no mention of CCA on the guarantee no signature from Lloyds TSB I honestly cannot recall signing it. Does the CCA apply?

 

Desperate for help as with current debt and this it really means I've no way of paying it back.

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Hi Mark and welcome to the forums. Firstly I am no legal brain (no brain at all really) but I do run a small company.

 

Somebody is going to help out here and post loads of links for you to look at I hope.

 

The personal guarantee system is iniquitous! And they will try to milk it for all it is worth. OK - to cases. Presumably as you were liquidated, you were a limited company? When did the liquidation take place? Has it been finalised?

 

Have you started action to reclaim all your unfair charges (I assume you must have had some). Sending in your Subject Access Request should produce all the documents you require to carry this forward.

 

Tell them to stuff the £1500 charge where it will do the least good (nicely of course) as an SAR only requires a £10 fee.

 

Have you had documentation from the liquidator telling you the results of any negotiations they have had with Lloyds? I'm not sure, but if the liquidation is still in progress, then Lloyds should be dealing direct with the liquidator.

 

I have probably got myself and you totally confused here. Can you give a definitive timeline of what happened and when?

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