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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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IVA's - has anyone used one?


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Hi there

 

There are many IVA companies out there that look into your income and expenditure to see what you can comfortably afford to pay, and that are not restrictive. I read up about IVAs before going into a DMP. Payplan have both DMPs and IVAs, so may be worth looking at their IVAs.

 

I have yet to see one that gives the debtor any leeway with their finances at all. The creditors want to squeeze as much as they can out of you.

Although bankruptcy, from the outset may seem the best option with you not having any assets, bankruptcy is more restrictive than an IVA. It carries stigma with it. Once you go bankrupt, your debts will be cleared within 12 months, but they can ask you to pay into an income payment order for a further 3 years. It can affect your chances of getting further tenancies, credit, mortgages etc in the future and can also affect your career.

IVAs are generally an alternative to bankruptcy. They will look through your income and expenditure to see how much you can realistically afford to pay, and you will propose that to your creditors. It is then up to your creditors whether they accept or reject your offer. I know, with Payplan that if the creditors reject your offer, they do not charge fees, unlike other companies, so you wouldnt have lost anything by giving it a go. The more sustainable the payment, the better, as the creditors will not want to see a tight budget, as this will mean you may have to use further credit to get by and it is not realistic.

The IVA is on your credit rating for 6 years like bankruptcy, but does not carry any stigma.

I hope this helps.

 

BR does not carry any stigma these days, and only a few careers are affected by it. An IVA will affect your credit rating as much as BR will. IVA's do not allow you to get further credit ' to get by' or for any otehr reason.

An IPA for 3 years takes 60% of your surplus income and is much more realistic budget wise than an IVA. With BR if your circumstances change for the worse you can renegotiate, with an IVA the best you can do is extend the payments for a year.

IVA's are suitable for very few people.

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