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    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
    • The retailer has come under fire for an advert showing motorcyclists wearing trainers and doing wheelies.View the full article
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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 had bailiffs (Marston Group) visiting for a congestion charge fine. They visited twice. The actual fine was £185 which I do not dispute but failed to pay as I just didn't have the money.

 

On the 2nd visit they warned that they would be back to take goods...still there was nothing I could do.

 

Then yesterday morning I woke up at 6.30am to the sound of a large vehicle outside. I looked out of the window and they had my car on the back of a truck! I ran downstairs and spoke to them and they said I had to pay £775.73 or they would take it. I had no choice. I can't be without a car. I phoned my Mum and she paid it on her credit card but I only did that because I had no other choice.

 

I'm so angry that these people are allowed to do this. It's so unfair! The fine was £185 and I had every intention of paying it. Where did the extra charges come from and what are they for??? Are thay allowed to do this to people who are clearly already struggling financially???....I now cannot pay other bills because I will have to pay my Mum back the money (with interest probably because it will take me ages. Is there anything I can do?

 

Any advice would be very welcome.

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Did the bailiff provide a Notice of Seizure of Goods and Inventory and in which case what were the charges?

 

It is very important that you get a breakdown. If you do get this can you post here please.

 

In any event, these fees are simply WRONG and I am shocked that Marston are charging this amount.

 

Did the bailiff provide proof that he was certificated and did you see a copy of the warrant of execution?

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I am shocked that Marston are charging this amount.

 

TT, I don't believe you! You've been in this business long enough to know that this type of behaviour is quite normal.

 

:):)

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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When I opened the door on the morning they had my car on the truck they handed me a Notice of Seizure of Goods and Inventory (I think they were going to post it through the door).

This was the first I knew about them taking my car and they wrote on it that the vehicle had been impounded...they were about to take and had already written that.

Previous to this the bailiff had visited twice. On the first occasion the amount owing was 399.06. On the second occasion the amount had gone up to 474.28 and he gave a final notice.

 

The charges of the final amount are listed as:

Penalty Charge inc court fee - £185

Bailiffs attendance costs - £335.56

Attendance to Remove - £184.50

VAT - 48.08

Card Handling Fee - 22.59

 

TOTAL - 775.73

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Any advice would be appreciated. Myself and my partner are both self employed and struggle to make ends meet. We have two small children and a whole load of bills to pay!

Something like this will seriously affect us financially. It will mean that we will fall behind with other payments and bills.

I don't dispute that we owe the fine, but these other charges just seem so unfair. Why are these people allowed to do this? Its wrong!

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TT, I don't believe you! You've been in this business long enough to know that this type of behaviour is quite normal.

 

:):)

 

You are quite right about this...and long enough to know that this company were in Court recently and the Judgment was only handed down 3 weeks ago and the Judge made it VERY CLEAR that bailiff's CANNOT charge a fee to immobilise a vehicle and he went even further by saying that the fee was UNLAWFUL. That is why I am SURPRISED that this company would CONTINUE charging these fees.

 

The fees charged are NOT CORRECT. You need to write to the company to ask for a detailed explanation for the charges that they have made to you.

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I wouldn't know where to start with regards to complaining and I have no idea whether these amounts of charges are allowed or not. I have made various phonecalls to numbers given to me by the CAB but have been told that I am not entitled to free legal advice.

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I'm in the process of writing to the Marston Group re. charges. I'll keep you posted.

I have been told by the Financial Ombudsman the it's my local council that regulate these bailifs so I will send a copy of my letter to them.

Thanks for replies x

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