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    • It is not as simple as you seem to suggest. 1. My wife needed the car and there are no local public transport facilities within 2 miles. 2 Neither of us has the technical expertise to change a battery. 3 Not only does the battery itself have to be appropriate for stop/start technology; but also, according to the handbook, has to be registered with Mini by a recognised agent, which I am not, neither is Big Motoring World. 4 The car had to be towed. Where was I going to have it towed to where I could be sure it would be properly dealt with? I couldn't trust Big Motoring World to do it. I couldn't have it towed to just any garage and be sure they had the right battery and the time to fit it. 5 The high sum involved is mainly for the diagnostic test which Big Motoring World asked me to obtain; and they did not initially raise any objection to the car being taken to the nearest main dealer. I would not have got the diagnostic test, if they had not asked for one. So, I understand where you are coming from, but having ignored requests for reimbursement, what else could I have done to recover my lay out?
    • Thank you FTMDave.  I'm happy to make your suggested changes.  I'll wait a day or 2 to see if any of the team have any other suggestions or feedback.  Do I then just email a copies to both UKPC and the court? Lookinforinfo - Unfortunately I am not sure if the signs have since been changed and cannot recall seeing any on the night as it was dark.   
    • The US confirmed it revoked licences allowing the export of some goods to Chinese tech giant.View the full article
    • I can't imagine that EVRi will want a judgement against them on this and based on this argument. I reckon you have a better than 90% chance that they will try to reach out to you before the trial date. They know that what they are doing is thoroughly wrong and dishonest and contrary to law. They are following this thread, of course – and they've already seen this witness statement. I imagine that they are scrabbling around trying to understand how they can extricate this without using too much face. I suppose they will make an offer to you which is a few quid short of your claim in order to say that they were justified in being stupid. Hold out for every penny. It's your money and you deserve it. It's not their money and they don't deserve it
    • New paragraph 47 – If you insert that – and move everything else down then I think you are good to go. Well done on going through the mill on this but it looks pretty good
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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.

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    • 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.
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      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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Full & Final Settlement Offers


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My Fiance and I have recently had a property repossessed and owe £41,000 to the mortgage lender. When we received the first phone call chasing the payment or suggested payment plan we were told that the lender may accept a lump sum payment to close the account down. This sum was in the region of £7,000. Due to the arrears and subsequent repossession we have fallen behind on other payments (Egg & HSBC loans). We had spoken to an IVA company who not only wanted to charge us a fortune for their help but told us we would still be paying out for years to come. They did however advise us that most companies will take a lump some payment of around 25% of the outstanding loan amount (HSBC will want 40%).

 

We have since been speaking with family members who have offered us £15000 to try and clear all the debt before we end up going bankrupt. It breaks down as follows:

 

Mortgage owed £41,000 - Offered £7,000

Egg Loan owed £11,000 - Offered £3,200

HSBC owed £8,000 - Offered £3,500

 

As you can see apart from the mortgage offer, the other two offers are over what we were advised by the IVA company.

 

Has anyone here had any previous experience in this and what are our chances of having these offers accepted?

 

Thank you,

Chris

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Hi there,

 

Have you looked into doing an IVA with Payplan, they are free of charge. The creditors overall like to see about 20-25% of the debt being settled. Even if you dont try the IVA, you could go into a DMP and complete a full and final settlement with them. This way your case officer would contact all creditors on your behalf, ask how much they would individually be willing to accept, and then await their response. This way you know how much to offer them and what they are likely to accept.

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Thanks for your response.

 

I actually have a plan with the CCCS at the moment for debts in my name. They started at around £28,000 and now down to around £15,000 so this is being paid off slowly.

 

My Fiance has the 2 loans with HSBC and Egg in her name only and the £41,000 owed to the mortgage lender is in joint names. I actually had a response from the DC regarding the mortgage today in response to the £7,000 offer we had made. They have come back with a counter offer of just over £10,000 but i have had to tell them that we can only come up with £7,000 otherwise we will have to go BR and then they won't get anything! Just need to wait for their response tomorrow.

 

What i really need to know is what sort of percentage the lenders will accept as a settlement figure especially if they realise that we are considering bankruptcy.

 

Thanks,

Chris

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  • 1 month later...

Congratulations Chris....well done, I am in a similar predicament to you, I am in the process of offering full and final settlement with creditors, have u any advice as to the best step forward? I have been advised to go in and offer 25% of the balances owed, did this work for you? How did u manage to get ur credit file cleared up?

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I had £42,000 negative equity when my house was reposessed so i made an offer of £7,000 to clear it or i would go bankrupt. We agreed at £8,000 and based on the settlement they would clear my credit file. Although i still have the reposession on my file, it does show that i settled the amount owed in full.

 

In regards to your offer, if it has been bought by a debt collection agency (DCA) then they will always accept less than the original creditor as they buy the debt of them for a lot less. If it hasnt been bought by a DCA then it may be worth waiting for it to go that far first (this only depends on you being in arrears). Keep me posted on how you get on as i have a couple of others in my fainces name pending...

 

Thanks

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Thanks for that Chris, will keep u posted, I put in an offer to pay 25% off my balance with a DCA, they rejected it this morning, I advised them my only other option is BR, so am waiting for them to get back to me to say they will accept, which no doubt they will!

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