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

Default notice question - Is it defective


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5511 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

Could someone please tell me if this Default notice is defective. It has a date to remedy but no date is shown for when it was written.

MonuDN.jpg

 

Also a copy of the credit agreement which I would say has no prescribed terms.

 

Monu.jpg

 

All advice welcomed.

 

Markd55

Link to post
Share on other sites

I agree, how can the 14 clear days be calculated when no date of service is enclosed, also it it not set out in the required format.

 

If should include the following in the exact same format;

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

Also the notice fails to set out the statement as set out below

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

Yours doesn't, so tis could also render it invalid, as could the inclusion of any penalty charges in the amount being claimed.

The so called agreement is crap, is an application form with no required terms

 

 

Link to post
Share on other sites

Hi there,

 

I am always staggered by how the 'professionals' mess these things up.

 

As I understand it they must also quote the figure so You must pay £289.00 by XXXXX date

 

The important thing is dont do anything yet - do not rush off a nah de nah letter as if they terminate they can only then claim the arrears figure not the balance unless they are the same of course. I am in this happy situation with one of my 'debts'

 

GK

Link to post
Share on other sites

this is amazing how many companies get the DN wrong and then not learn by there errors can anyone give a reason for this as its so unbeleivable

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

Link to post
Share on other sites

I keep reading about the only able to claim the arrears if account terminated, but no-one seems to be able to point me into either legislation or case law that confirms this. Any chance anyone posting on this thread can?

 

Thanks

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

Link to post
Share on other sites

I keep reading about the only able to claim the arrears if account terminated, but no-one seems to be able to point me into either legislation or case law that confirms this. Any chance anyone posting on this thread can?

 

 

Can't help you I'm afraid, however I am intrested in the info too.

 

David

Link to post
Share on other sites

I am always staggered by how the 'professionals' mess these things up.

 

Beats me!

 

The Act came in '74, yet that agreement was produced 26 years later. You would have thought they would have got their act together by then.

 

David

Link to post
Share on other sites

ABC refute the notion the DN was ineffective, alternatively that if it was ineffective, it was ineffective to terminate the agreement also, therefore enabling them to serve a second DN.

 

 

:lol::lol::lol: Desperation!!!

 

Also total hogwash and easily disposed of - as in fact it was.

 

David

Link to post
Share on other sites

struggling to understand why a creditor can only claim the arrears as listed on DN :(

I have the CCA1974 s87 up in another window, but still cant see why, help pleeaase before i jump out of the window.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

Link to post
Share on other sites

Keep reading - it gets better!

 

 

See what you mean, it's a cracking thread!

 

Skimmed it and wound up saving the whole thing.

 

David

 

PS - Pretty sure I have Restons coming over the horizon soon - will come in very handy.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...