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    • I have now been given a court date vs Evri, 4th Sept 2024. I have completed my court bundle, when am I expected to send copies to the court and Evri and should it be in hard copy or electronic? The Notice of Allocation states that no later than 7 days before the directions hearing both parties must send to the other party their final offers to settle. Does this mean I will have to tell Evri what I'm willing to settle? Rgds, J
    • Ok how about this to the CEO? I know it sounds super desperate but lets call a spade a spade here, I am super desperate: Dear Sir, On 29th November 2023 I took out a loan of £5000 with you. Unfortunately very early into 2024 I found myself in financial difficulty (unexpected bills and two episodes of sickness and the tax office getting my tax code wrong resulting in less pay for two months) and I contacted you (MCB) on 13th February 2024 asking if there was any way I could extend the length of my loan to 36 months. I fully explained why I was requesting this and asked for your help. I did not receive a reply to that email so I again contacted you on 7th March 2024 to advise you of a change in my circumstances which resulted in me having to take out a DMP and asking you to confirm that the direct debit had been cancelled. You would have also received confirmation of this DMP from StepChange but you did not acknowledge receipt of my email. I have only managed to make one payment from my loan but did try and contact MCB to discuss extending my loan, help etc.  I have now therefore fallen behind on several of my debts, yours included, and as a result you have lodged a Cifas marker against my name for "evasion of payment", which has resulted in me having to change banks, which has been an extremely difficult process because of the Cifas marker. I do not feel you have been fair or given me the opportunity to fully explain my situation to you before you lodged the marker against my name. I appreciate it is a business and you have acted accordingly, but I did try to make contact to arrange alternative arrangements and at no point, not even to this day, did I ever intend to not repay my loan. I cannot stress to you enough how much this has affected my mental health. I am having trouble sleeping and my existing health condition has been exacerbated by all of this. What I would like you to do is to please, please remove the Cifas marker and let me make arrangements to pay the loan back through a DMP.  Please sir, I am begging for your help here. I am not a dishonest person and I have never been in a situation like this before. I am desperately trying to make things right but this marker is killing me. Please can you help me? I look forward to hearing from you. Yours faithfully,
    • Just be careful with your language on what you post here - Keep it above board Lets see what you send to the big boss. 
    • I made that payment on 13th Feb, then it all went down hill. 
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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.

      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. 
       

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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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What rights have i got against a car dealer


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I bought a car from a car dealer which was £3000. My car was used as part exchange and i got £1000 for it..so i paid the remaining £2000 cash. Its got a 3 month warrenty on it...Ive had to send the car back twice (ive only had it 13 days) because the indicaters didnt work, the airbag light is continually on and it `clunks` as you turn the wheel. Ive since found out that the car i bought is only worth £1700/£1800 so i paid £1200 more than the cars worth...theyve also put my car up for sale at £2500 which is £1500 more than they gave me for it. I understand people have to make a profit but i feel hes really taking the proverbial. Have i any rights against this dealer as the cars not worth what i paid for it and it still needsto be put right. Can i get my money back ?

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do a letter to the garage

 

tell them to rectify the defects within 7 days or you will be rejecting the car under the sale of goods act

 

send it to the garage by recorded and give a copy to the gaage when you return the car

 

you want your old car back plus any deposit

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thanks so much for your advice...i had a chat to the guy that sold me the car and i asked him for my car back and the deposit..he said no way...moist probably because hemade a mint from it. i shall do as you say and see what happens i shall let you know the outcome ..

Thanks for your help

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this is the letter im going to send him is this ok?

to whom it may concern.

We bought a car from you on the 22nd of June ( ive put the cars info in ).

We have had to bring it back to you twice because theres faults with it.

I`ve taken legal adviceand have been informed that i can give you 7 days from the above date to rectify all the faults with the car or i shall be rejecting the car under the sale of goods act and i want either my car back and the £2000 we paid for the car or if youve sold my car the £3000 that the car cost us.

The faults on the car are

1- The horn doesnt work properly.

2- The airbag light is on permanantly and it shouldnt be.

3- The car `clunks` when you turn the steering wheel whilst driving which the garage you sent us to has said is the suspension strutt or the bracket holding the suspension strutt.

4- The chip in the windscreen properly fixed.

 

These are the jobs I want done . The car has already been brought back because the indicators didnt work.

You have said that the car was RAC tested I want the paperwork to prove this and I want the MOT failure information when the car failed the 1st MOT on June 22nd.

This is the pre-action protocol I have to abide by and you have 7 days from the above date.

i k now im a pain but is this letter ok i dont want to send it if its not correct.

i also want to thank you for taking the time to give me this help xx

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