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    • Ok about a year ago i was summonsed to court for a speeding offence, long story short it wasn't me that was driving the vehicle, and i successfully proved that i had not received any paperwork (the reason it went to a summons) because there is a problem with our address, i live at number 7, yet when you look online to enter our address for anything you have 7, 5-7 and 7-9 on our street, one is my address and two are businesses.  The court ruled that there was an issue, and agreed i did not receive any paperwork (aside from me not being the driver) anyway i thought it odd that i never received anything in the post to say that, but they are the courts so i assumed everything would be in order. Now just recently i have been using family members vehicles to get to work and have been insuring the vehicles on a temporary basis. Recently when using a comparison website i would get results and then when i went to make payment it would not let me advance, i had tried this on numerous sites and the same happened, i assumed that it would have been because i have used to many temporary insurances and it may have flagged for whatever reason. So i went to check my license online, and i cant view it, it states below, i called the DVLA and they can not view any details either and have said they will need to raise a case internally to find out what has happened.  My wife and brother seem to think that the courts have screwed up not informed the DVLA of anything, hence i was banned. But surely it wouldn't have taken so long for me to stop being able to insure my vehicle on a temporary basis until just now?? Please can anyone assist as im worried sick now and ive done absolutely nothing wrong, i need my license for my job. It has not been possible to display/match your driving licence. For further information regarding your driving licence details write to: Central Casework Group, Drivers Enquiries, DVLA, Swansea, SA6 7JL
    • why waste money on scammers? all you need in law is to prove something was sent. use a 2nd class stamp and get free proof of posting from any po counter. dx  
    • Tracked is NOT necessary. 1st or 2nd class will suffice. Just make sure you obtain free proof of posting and KEEP IT SOMEWHERE SAFE...
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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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      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
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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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LFC v HFC - Help please with CCA / PPI Calc / £5k of Fees and Charges


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Eeeeee.

 

They have cocked up your Default Notice as well.

 

This does have implications, (very bad for them), if they tried to take you to court. Another point - they have now offered a refund for the mis- sold PPI which exceeds the ammount on the notice, they defaulted you when errrrr.... they owed you money!!!!!

 

I am not entirely sure of the implications of this last point myself so I have flagged this thread for a moderator to advise on that.

 

I think you can stop worrying for a bit though.

 

One last point - on any of the letters you have been sent have they told you they have terminated/ended the agreement?

 

David

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I wrote on the envelopes the day they arrived and kept the envelopes, unfortunately there is no royal mail stamp with a posting date in fact there is no date at all on the envelopes.

 

 

Excellent.

 

Time given to rectify arrears on a DN is 14 days + 2 days if it is sent 1st class post. The 2nd & 3rd DN would fail on that, the 1st would have worked but it's not 1st class post so that's duff as well.

 

Do not bring that to their attention!

 

I was thinking of doing a SAR

 

It would be wise to do so.

 

David

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Many Thanks, SAR has gone off today. That's interesting about the DN, I am looking at my other accounts now to see what the situation is with them. I report back when I have the details from the SAR.

 

Make sure you get all the info from HFC - it's like pulling teeth!!!

 

On your other DN's, be aware that earlier ones only needed 7 days + service, (off the top of my head thats before December 2006)

 

and on each of the 3 DN's they say that the Termination of the agreement WILL take effect on the date shown unless the total arrears are paid in full, so does this mean the agreement is terminated?

 

 

Looking at that again, IMO there is a case for arguing that is in effect notice of termination. Be nice to dot the I's and cross the T's though.

If you look around Restons threads, you will see they are quite prepared to swear blind that black is in fact, white!

 

David

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