Jump to content


  • Tweets

  • Posts

    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
    • I've looked at your case specifically more.   Term 8bii reads " when, in accordance with instructions from the Customer or the Consignee, the Consignment is left in a safe place" Their terms choose to not define safe, so they are put to proof that the location is safe. If your property opens onto a street its a simple thing of putting a google earth image and pointing out that its not a safe place
    • New rules and higher rates resulted in a jump in the number of savers opening accounts at the start of this year's Isa season.View the full article
  • Recommended Topics

  • 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
  • Recommended Topics

Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4294 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

  • Replies 1.8k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Well I put my hand in my pocket today and paid for some legal advice just to be sure that I am doing everything I should be. I have to say that I had a great time! :madgrin: The solicitor was fab, he answered a lot of my questions and agreed with me that now I have a blank canvas for my claim, it can be reasonably expanded to include the cost of having to replace the car and damages for trespass on top of what I have already asked for.

 

It all stems from their breach of statutory duty and the damage caused as a result of that, and apparently there is no limit to the amount of causes of action I can include in one claim :madgrin:

 

I said I wanted to utilise breach of statutory duty, trespass and unfair relationship and he said that would be perfectly acceptable and reasonable.

Got until Friday to serve my amended claim so round 2 coming up! :lol:

 

Fabulous news!!! Im so pleased :) Wonder when the 'what can we give you to make you go away' letter will arrive :lol:

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

It was quite comical really, the solicitor was very amused by their defence and he laughed and said "Ooh they're very cross at you aren't they??!" :madgrin:

 

I bet it made his day :lol: Im glad it wasnt just you that found it amusing ;)

Well their SD is 'supposed' to be with me by 4pm Monday so my case wont hold them back with submitting AOS or defence ;) Saying that witness evidence has to be submitted by 25th October so I may well get in the way yet with their decidedly slow response to my more than fair offer to settle :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

It was just very reassuring to hear him say "yes absolutely you do have a case". I haven't had any response to my last letter, at least if I get my new claim in they won't have the luxury of ignoring and hopefully it should provoke some sort of response.

 

Yes, I can imagine!

They should have realised by now that you arent going to go away :lol:

Ignorance isnt bliss....its costly in their case ;)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

I bet it made his day :lol: Im glad it wasnt just you that found it amusing ;)

Well their SD is 'supposed' to be with me by 4pm Monday so my case wont hold them back with submitting AOS or defence ;) Saying that witness evidence has to be submitted by 25th October so I may well get in the way yet with their decidedly slow response to my more than fair offer to settle :)

Well I suppose everything will take twice as long now cos Mr P is prob not allowed to do anything without adult supervision anymore :lol:

Link to post
Share on other sites

Well I suppose everything will take twice as long now cos Mr P is prob not allowed to do anything without adult supervision anymore :lol:

 

 

 

Too true!!!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Yes, I can imagine!

They should have realised by now that you arent going to go away :lol:

Ignorance isnt bliss....its costly in their case ;)

Well absolutely! He was under the impression that their responses and court appearances to date would already have cost them several thousand pounds and they would be unlikely to want to spend any more on a fruitless defence.

Link to post
Share on other sites

Well absolutely! He was under the impression that their responses and court appearances to date would already have cost them several thousand pounds and they would be unlikely to want to spend any more on a fruitless defence.

 

Makes perfect sense to me!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Maybe a letter of apology from Welcome should be one of the conditions of accepting a settlement. Hopefully they will not request a gagging order when you win. Well done so far and hoping that you really screw them into the ground. Newspapers are going to love this story.

Link to post
Share on other sites

Maybe a letter of apology from Welcome should be one of the conditions of accepting a settlement. Hopefully they will not request a gagging order when you win. Well done so far and hoping that you really screw them into the ground. Newspapers are going to love this story.

Thank you but I think I've got more chance of knitting fog than I've got of getting any such letter! :madgrin:

In fact I've just received a letter from them saying that my new evidence "proves nothing" and they look forward to receiving my new claim lol!!

Link to post
Share on other sites

  • 3 weeks later...

HAHAHAHAHAHAHAHAHAHAHA I have nothing else to add!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Just read the link. It seems like technicalities were what won that case. And we know that you are water tight so no wiggle room for them :D

 

Looks like you've scared them into getting a real solicitor.br>

Are you still representing yourself? I'd love to see you rip into their new solicitor.

 

 

Edited to correct formatting.... bloody firefox

Link to post
Share on other sites

Yes I do feel quite proud of myself, they need to hire a solicitor to deal with little old me! :madgrin:

I think they're gonna try to rely on the Greenhill case to defend the PPI and secret commission claims, however they are intrinsically different as that case was won by them battering the claimant's integrity and reliability! Never mind the facts eh?? :mad2: Still no defence to the removal of the car from private property though :roll:

 

Luckily I am just about to get full access to Lexis Nexis, (which I managed to secure at a massive discount and interest free low monthly payments 8) ), now I will have all the professional resources at my fingertips including all the case law my heart desires, so I am no longer at a disadvantage in that respect :lol:

 

To be fair I'm not at all bothered about whether they get a fancy solicitor or not, if they want to spend loads money they haven't got that's up to them, let them fill their boots. I'm actually quite bright underneath it all lol! I don't think I will have any problem navigating my new subscription and absorbing all the knowledge I need to combat their ridiculous, prospective defences. I know I will fight this until my dying breath no matter how long winded it becomes, but still life goes on and I have no intention of putting my life on hold while they fanny around!

 

They need to file their amended defence by Friday and then a schedule of issues by 5th November before a CMC in January, I'm sure they would've spent a small fortune in legal fees by then :madgrin:

 

I think I'm going to miss Mr P's hostility and unprofessionalism though, I always found that very entertaining! :lol:

Link to post
Share on other sites

Looks like welcome didn't like my new claim very much, just had a letter to say they have appointed Cleggs.

Incidentally, that will be the same Cleggs that wrote THIS ARTICLE :madgrin:

 

In this article reporting their 'success' are the lines...

 

''... the lender can only seize and sell the car if it's parked in a public place such as on the road. If it's on private land (eg in a garage or on a drive) a Court order is needed.''

so should make for an interesting case:wink:

Link to post
Share on other sites

In this article reporting their 'success' are the lines...

 

''... the lender can only seize and sell the car if it's parked in a public place such as on the road. If it's on private land (eg in a garage or on a drive) a Court order is needed.''

so should make for an interesting case:wink:

Exactly ha ha! :lol:

I even submitted THAT article as part of my supporting evidence in my statement of case! I get the feeling that they're going for damage limitation and employing Cleggs to argue on the PPI, secret commission and the value of my claim. In other words - technicalities! I can't believe Cleggs are staking their reputation defending them, especially when they written the contrary in black and white themselves, totally ludicrous!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...