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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Unenforceable debt success

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Hello,

 

I am new to CAG and hope perhaps you could help me. I have lots of debt on cards and have read a lot about unenforceable debt but is this for real? Has anyone successfully had their debt written off?

 

I don't think I could do this alone - I think it would stress me out too much, but how could I find a solicitor who is trustworthy, competent, and won't end up charging me as much as I already owe?

 

Thanks

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blueda

blueda

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There are members of this site had debt written off, however it does not happen over night, how old is the debt ?, as for solicitors my view is they charge a lot of money whereas on here you can get the advise for free, and if you choose to do so, you can make a voluntary donation to keep this site going.

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a_bx

a_bx

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Hi im in a simialr position to yourself but havent heard about many succeses that much either. I do have a friend who works in a wellknown bank who has several customers whose CCAs the bank has lost and the borrowers are refusing to pay their loans and theres nothing the bank can do except hope they eventually find them again- so yes that seems to happen if the CCA is missing.

 

It is possible though the unenforceablity issue may involve a private settlement between the parties which isnt to be disclosed and thus cant be discussed publically and encourage everyone to have a go. :-|

 

I guess with the solicitors is make sure they only get paid on sucessfully agreeing unenforablity with the lender- in the end they will want payment for their work. that said some solicitors can claim expenses via the 'access to justice' concept but I dont know much about that.

 

 

Hello,

 

I am new to CAG and hope perhaps you could help me. I have lots of debt on cards and have read a lot about unenforceable debt but is this for real? Has anyone successfully had their debt written off?

 

I don't think I could do this alone - I think it would stress me out too much, but how could I find a solicitor who is trustworthy, competent, and won't end up charging me as much as I already owe?

 

Thanks

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There are members of this site had debt written off, however it does not happen over night, how old is the debt ?, as for solicitors my view is they charge a lot of money whereas on here you can get the advise for free, and if you choose to do so, you can make a voluntary donation to keep this site going.

 

Thanks. I have been in debt for many years - I always make balance transfers to good rates but my debt goes up and up. I have wondered about transferring back to the older cards but don't know if I'd run the risk of being prosecuted for fraud or some such like. ???

 

I just don't think I could take the stress of doing it alone even though I assume it is possible and others do it.....

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blueda

blueda

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Posted (edited)

You need to take action to stop the debt going up and start getting out of debt, you are legally entitled to send to your creditors a CCA request ( Consumer Credit Agreement ), if after 12+2 working days after the request the creditor has not supplied a valid CCA copy, then the debt becomes unenforcable in law, then you can if you decide, write to them again informing them that the account is in dispute, and you can withhold payments to them until they produce a valid enforcable CCA, or if you prefer use the absence of an enforcable CCA to negotiate a better deal for yourself such as offering a reduced settlement as full and final settlement, the choice is yours, and if you continue posting on this site you will get step by step guidence on whatever route you choose.:)

here is the link to the letters templates page, if you are sending a CCA request use template N, enclose a £1.00 postal order to each creditor, dont sign the letter and post 1st class recorded delivery

http://www.consumeractiongroup.co.uk/forum/generel-debt-issues/20758-creditors-dcas-letter-templates.html

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Thank you. Will I get into serious trouble though if I add my debt to my old cards before I do this? ( thats where most of my debt is). I'm frankly terrified of doing this but not much point querying the validity of my older cards unless I do it.....

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blueda

blueda

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Thank you. Will I get into serious trouble though if I add my debt to my old cards before I do this? ( thats where most of my debt is). I'm frankly terrified of doing this but not much point querying the validity of my older cards unless I do it.....

Does not sound at this stage.

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blueda

blueda

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Dear Blueda,

 

what do you mean?

I was tired at the time of posting and missed a word, i meant to say doesnt sound good at this stage. If you are talking about transferring your debt to older cards with the intention of stopping payments or making reduced settlements, then i WOULD NOT RECOMMEND DOING SO, it might be fraud to do so and would harm your case, it would at least be dishonest which we dont recommend on CAG.

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IdaInFife

IdaInFife

Posted
Posted

also if an agremeent is unforceable this does not wipe the debt just means they cannot enforce it. the debt will exist it just puts you in a better position. if you do have an unforceable agreement you are within your rights to withold payment til they do or make them a reduced full and final offer to clear and close the debt

 

Ida x

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I was tired at the time of posting and missed a word, i meant to say doesnt sound good at this stage. If you are talking about transferring your debt to older cards with the intention of stopping payments or making reduced settlements, then i WOULD NOT RECOMMEND DOING SO, it might be fraud to do so and would harm your case, it would at least be dishonest which we dont recommend on CAG.

 

Thank you for this Blueda and for writing when you are so tired. I won't do it but I am very worried. I don't think there is going to be any way but down for me financially :sad:

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blueda

blueda

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Thank you for this Blueda and for writing when you are so tired. I won't do it but I am very worried. I don't think there is going to be any way but down for me financially :sad:

Cheer up, you will get through this and you have help here.:D

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