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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      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.

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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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ajs444 v Cap. one ** WON - They Cave In Just Before The Hearing **


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Jurisdiction over consumer contracts*

 

**** 7.* - (1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this rule and rules 8 and 9, without prejudice to rule 3(e) and (h)(ii), if -*

 

(a) it is a contract for the sale of goods on instalment credit terms; or*

 

(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

 

© in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the part of the United Kingdom in which the consumer is domiciled or, by any means, directs such activities to that part or to other parts of the United Kingdom including that part, and the contract falls within the scope of such activities.

 

*** (2) This rule shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation, or to a contract of insurance.

 

**** 8.* - (1) A consumer may bring proceedings against the other party to a contract either in the courts of the part of the United Kingdom in which that party is domiciled or in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

*** (2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the part of the United Kingdom in which the consumer is domiciled.

 

*** (3) The provisions of this rule shall not affect the right to bring a counter-claim in the court in which, in accordance with this rule and rules 7 and 9, the original claim is pending.

 

**** 9. The provisions of rules 7 and 8 may be departed from only by an agreement -**

 

(a) which is entered into after the dispute has arisen; or*

 

(b) which allows the consumer to bring proceedings in courts other than those indicated in those rules; or

 

© which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same part of the United Kingdom, and which confers jurisdiction on the courts of that part, provided that such an agreement is not contrary to the law of that part.

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Ida, you've cracked it, spoke about the loyds case with my lady in Edinburgh and she confirms that the clauses are the coup de grace for the Burness "English" legal argument.

 

Will have to get it submitted now.

Don\'t let the B**tards grind you down

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I hope your out celebrating and be updating your thread soon x

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  • 5 weeks later...

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

Don\'t let the B**tards grind you down

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WON

 

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

 

Big thanks to Ida and SFU, and anyone else that contributed.

Don\'t let the B**tards grind you down

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Well done!

 

What a fantastic thread and awesome contribution. A credit to the CAG.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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And most to congratualtions to you ajs - you did all your leg work and research for it

 

have an even better 2013

 

Ida x

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It is ok if i amend your thread title for anyone looking for similar case?

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WON

 

Claimed for charges 2002 to 2010, with interest in restitution at 24.4%, comes to a total of £2962.14, bringing it within Scottish Small Claims limit.

 

Raised case did prliminary hearing, went to second hearing scheduled for 21/12/2012.

 

CAPONE settled out of court, account cleared, £1202. in my hand, default to be cleared from my Credit Reference File.

 

They can be beat with perseverance.

 

Big thanks to Ida and SFU, and anyone else that contributed.

 

Well done, a very nice start to the New Year. I have amended your thread title to reflect your success.

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Congratulations ajs. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank 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.

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  • 2 years later...

Well blow me over, the company that keep on giving, received letter this morning that due to FOS guidelines they are sending me a further £600+ for PPI refund. Thought it was a wind up at first, are all Credit card companies following the same line?

 

 

 

 

 

 

They came back with the figure of £440 which included interest, I don't know at what rate, but it seemed like a decent offer so I accepted that. As I say the main thing is charges which I think will be more difficult to achieve, but card is not in default and I know the agreement is sh**e, so may be some leverage I can use.

Don\'t let the B**tards grind you down

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Yes, I think they are. Tesco sent OH an extra amount of around £780.00

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well done! Take it and get it in your a/c immediately.

I think all the banks seem to be paying up, something to do with the government and pressure...

 

 

Earlier this year I got a letter with offer from Lloyds for a PPI I tried to claim 3 times and each time refused. Full amount + a nice amount of interest.

 

 

Then a month ago, same with Monument for a Payment Break Plan from 2003/4. Nice little extra!

 

 

I was fighting all of them, then just got exhausted after a long-winded success with Cap1. They say everything comes to he who waits...

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Great to hear this ajs, was it direct from Cap1?

 

Mine is with lowells now so I guess they won't be sending anything, they've been threatening court for over a year now but it is statute barred.

 

I'm keeping that under my hat for now though!

 

I also tried to claim off Monument and they rejected it but this disappeared from my credit file a long time ago so I've not done anything since.

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Got a letter this morning from Capital One about a further £257 coming my way. I will be contacting the rest of the companies on Monday as I have moved since the pay outs.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Got a letter this morning from Capital One about a further £257 coming my way. I will be contacting the rest of the companies on Monday as I have moved since the pay outs.

 

Nice one :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • dx100uk changed the title to Cap1 - Unfair Terms and Conditions
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