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    • Okay, he needs to stay in the defence that he is unemployed and on universal credit and he sold a car. Can you tell us how long he owned the car and was he the registered keeper? Did he drive it at all? They are suggesting that the MOT was obtained fraudulently. You will need to tell them to prove it because this is a very serious accusation. If I were you I would go to the MOT station and tell them what is being said about them. Also, in their claim, they say that upon closer inspection they found that the tyres were cracked. This suggests that they did inspect any inspection they carried out wasn't done properly but that should be their responsibility. Do you agree that the tyres were cracked? Have they provided any photographic evidence?  
    • right spoke to them, best they have done is get me in for a cpap this Thursday and will do another questionaire with me. 
    • If you can help spare me the trouble of going through the thread again: you shipped this PlayStation directly by entering into a direct contract with EVRi – correct? You didn't use a parcel broker – correct? In their defence they keep on referring to the "shipper" – not "claimant". The shipper is you – correct? They offered you insurance for the item. Did you insure or not? Those questions for starters, please
    • To turn out to the action that you should take. You should not stand for any nonsense. You should decide absolutely that you are going to return the car. Of course you made a big mistake by paying for it by debit card. Although slightly better than paying by cash or paying by bank transfer. Is the vehicle currently stored off-road? The first thing you must do is you must get an independent report. You must write to big motoring world immediately. You still are within your 30 days. Write a letter of rejection. Tell them that you are rejecting the vehicle for a full refund. It is defective. Give them a list of the defects which have occurred so far and explain to BMW that as they apparently refuse to accept your own account of the defects on the vehicle even though they are supported by photographic evidence, you are now booking in for an independent inspection by an authorised VW dealer. This inspection will cost £XXX and you will be seeking to recover that sum from them when the vehicle is returned. Tell them that your decision to reject the vehicle's absolute. You're not interested in any repair offers. You have read sufficiently about them on the Internet to understand that they are not to be trusted. Tell them that as soon as you have had the independent inspection which you fully expect will confirm the faults, you provide them with a copy of the report together with a bill for the inspection and if they will not make immediate arrangements to recover the vehicle, to refund you the cost of the vehicle and the cost of the inspection – together with any other expenses reasonably incurred [list out any expenses such as insurance, road fund tax – et cetera et cetera], then you will start an action against them and without any further notice. Tell them that you are currently storing the vehicle off-road and unless they make immediate arrangements to collect it at their expense will also start adding a daily storage charge of £10 per day and this will be added to the court claim which you will be making against them. If you're happy with this approach then book the inspection immediately. Come back here when you have a date for it and we will then complete this draft letter and send it to them and the draft letter will also contain a deadline after which you will begin a legal action. Let me tell you now that if you aren't prepared to go this route, then you may as well give up because we are all wasting your time and you better accept the slap and be more careful in future. I see that you are griping a bit about £240 cost of an independent report. As I have said, you will in all likelihood recover this although it will take a court action. However, I'm afraid that this is the kind of thing that you will have to accept when you buy a vehicle without first researching the dealer and also you buy it at a considerable distance from your own home. Although you are well within the 30 days, today we are pretty well at the end of 26 February. I suggest you get a move on  
    • Thanks Dave and JK.   So I need to get an email off to the court ASAP?  This has been assigned to Cardiff County Court now so I'm guessing this will need to go them now rather than to the Northampton bulk processing centre? Is there a template for this email I can use?  I just want to make sure I'm including all the right things. Thanks CD
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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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    • 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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Crudit Today: Phoenix recoveries sued...


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This is the kind of story I like to see, perhaps Phoenix realised the debts are almost all UNENFORCEABLE :-D :-D.........

 

Shop Direct sues over debt sale - 12/06/2009

 

Mail order company Shop Direct has issued legal proceedings against a debt purchaser after it exercised its termination rights on ‘forward flow’ contract to buy accounts in arrears.

 

Phoenix Recoveries, a Luxembourg-based investor, terminated its agreement to buy debt from Shop Direct in October. Forward flow deals involve a price being agreed in advance for debts to flow to the buyer on a regular basis. It is understood that Phoenix terminated the agreement on the grounds that the debt had changed. However, Shop Direct is now taking legal action against the investor.

 

The seller said: "Shop Direct can confirm that we have issued proceedings and, as the matter is now in litigation, we have no further comment to make." Phoenix Recoveries did not comment.

 

Based in Liverpool, Shop Direct Home Shopping is an online and home shopping retailer, with annual sales of around £1.5bn and five million customers. It sells major brands, including Sony, Nike, Levi’s, Adidas, Phillips, Kodak, Dyson, Bosch, Amanda Wakeley, Morgan and Miss Sixty. It is owned by the same company that owns the Littlewoods brand.

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Aw Shame - Shop Direct sells their bad accounts onto Phoenix, Phoenix have suddenly realised that these accounts are unenforceable and tries to get out of the agreement, so shop direct sue them.

 

Dont know who to feel sorry for the most, shop direct or Phoenix.

 

I know neither of them:D

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PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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Most interesting, as son received two letter the other day from SRJ recoveries, both stating Pheonix as the client.

 

Kay's account, which I do believe is part of Littlewoods. (shop direct)

 

send it back saying as you two are in dispute these letters are pretty pointless because I dont know who is the controller of this alledged debt:D

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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