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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 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
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Minicredit -advice please


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You MUST enter a defence, the amount they are claiming can lead to you becoming bankrupt.... we can help with this and rip their particulars of claim to pieces in the bargain. Don't stick your head in the sand and accept that this is going to happen you HAVE A LEGAL RIGHT to fight this.

 

Is Brentford your nearest court, if not they are acting out of jurisdiction and that claim can be dismissed straight away.

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Is Brentford your nearest court, if not they are acting out of jurisdiction and that claim can be dismissed straight away.

 

What do you mean by this please??? Are you sure???

 

stupid1 (see this thread) my OH has just rec court papers from minicredit from Brentford CC, we live in Bromley.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Took a £100 loan from this company. Offered them a settlement of £150.00 and have received the following emails from them today... Are they allowed to do this?? Please can someone comment urgently as to where to go from here.... My Hubby getting very stressed and just want to get my mess sorted as soon as so we can get on with our lives... Thanks CAGGERS!!

Please read the loan agreement you accepted when taking loan from us. Thank you.

Principal: £100

Interest to date: £57,50

First late payment charge: £25 (added 1 day after due date)

Second later payment charge: £55 (added 3 days after due date)

Debt collection charge: -£100 (added 30th of days afte due date)

Total balance today: £237,50

We are not able to accept the settlement offer you made however if you make the payment today then we'll remove manual debt recovery charge £100. The settlement balance would be £237,5. This is last offer from us otherwise we'll forward your case to our lega team. Thank you!

The charges have been added to the loan balance according to the Loan agreement.

 

 

The current situation with this is court papers received balance now 400 pounds +.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Please post up what they have put in the particulars of claim, claiming for debt recovery is not on, nor are the two charges for late fees, just because they are in the terms and conditions does not make them legally due - the terms and conditions come under unfair terms and conditions rules and can be challenged.

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If the claim is placed at a court which is not in yours or the companys area then it can be dismissed as out of jurisdiction, Brentford isn't a bulk court, such as Northampton and therefore has separate rules.... ring the court to check that a claim can be brought against you via them.

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Sorry do you mean me sillygirl1??

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Just phoned them and they say there is no jurisdiction with regards to money claims???

They can apply to any court in the land

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Hi Silly... I received a photocopy notification of the claim and it just shows under "Brief details of claim" ... "Monies due and owing". The amount claimed is £663.82 with a court fee of £65 which makes £728.82.

 

The "Particulars of Claim" reads: "The Claimant's claim is for £651.50 due to the Claimant from the Defendant in respect of monies due and owing".

 

I've got "ACT Credit Management Ltd" showing as the Claimant agent.

 

Am I generally advised to work with the legal department in Payplan in order to enter the defence?

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IGNORE PAYPLAN, those particulars are vague and misleading and disclose no cause for action against you, you need to DEFEND this vigorously, if they rack up any more costs they will make you bankrupt.

 

I can help write the defence and destroy those vague and misleading particulars and alert the court to the fact that pre-court protocols have been ignored and they do not want to negotiate a reasonable payment. To rack up £150 to £728.22 is crazy and unjust.

 

DO NOT LISTEN TO PAYPLAN, we can use the fact that you are in a payplan scheme and that their claim would be better going in that pot than being heard at court.

 

You have a lot here to hammer them with.

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If the claim is placed at a court which is not in yours or the companys area then it can be dismissed as out of jurisdiction, Brentford isn't a bulk court, such as Northampton and therefore has separate rules.... ring the court to check that a claim can be brought against you via them.

 

It wouldn't be dismissed it should be transferred to the local court of the defendant.

 

Your defence should concentrate on the collection charges being disproportionate penalties for sure.

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Hi Silly,

 

I think I'll have a similar problem with Minicredit. They know I will have a problem in repaying the amount in full & when I've asked about a roll over they aren't answering my emails etc. Instead they are sending threating type emails advise the debt could reach £537, from a £130 loan if I dont repay in full. Any advise?? Just out of interest and I hope you dont mind me asking, you seem to know quite a bit about these types of problem, is debt issues your line of work?

 

Many Thanks

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Keep all the emails and continue emailing them, and mention that you are copying in the Office of Fair Trading and Trading Standards about them not wanting to negotiate a longer settlement period.

 

I don't work in debt counselling but I have had a lot of personal experience of being in debt.

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, they have said that they will issue a default notice.

 

The funny thing is, is that they already have sent a default notice, but it was lacking the advice slip (as is required by law) - that meant that the default notice was not enforceable (according to the OFT website). They also appear to have dropped on another £100 in charges (legal fees this time).

 

Where can I find out the correct procedure re receiving a court summons and whether a Default letter is required?? And what is "the advice slip"Ta

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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I personally have never read of them accepting a DMP in all the forums I have scoured. The case I am working on seems as if they cut communication let the debt build up to a tidy amount and then take you to court.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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I am currently receiving answer machine messages that are quite threatening from these lot, well some greek sounding guy , threatens legal action and or home visit, i could imagine it could sound quite intimidating to a more nervous person

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Interesting that when you get their website it asks you whether you would like to translate to English from Estonian and I think their servers are outside the uk too.

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Delboy, you won't get very far with that line of defence, it hasn't been acceptable since the Rankine fiasco and the claims management companies jumping on the bandwagon.

 

Start with the complete history of the loan, what they have added and what you have done to prevent the debt from escalating and there you have a solid defence.

 

Payday loan companies are afraid of court because of the high interest rates, there has been a case today where a PDL company backed down at mediation and wouldn't go to see the judge to justify the charges.

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capella, read other threads about minicredit and then tell us what you think

 

Hello F.O,

 

I am just another minicredit victim. Thought i would scour forums yetsreday to see if others were in the same predicament minicredit have put me in....and it is a shame to see that i am not alone. However, i am dealing with minicredit and if my dealing are satisfactory i will no doubt let everyone know.

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Capella, all

I took out loan at the later part of last year with these sharks.... they really do play hard ball, at the time I had around 15 payday loans (from £1100 to £100) all of which I set up plans with, some paid off and some still ongoing. After constant e-mails to minicredit everyday (twice a day) I got nothing back but automated replies stating they do not do payment plans and that interest and charges would be added, letters then came stating that doorstep collectors will be visiting and the charge for this would be £100. It all racked up to a stupid stupid figure. Finally I got a letter and automatic voice call stating they was preparing for legal action unless I paid the x amount immediately. I e-mailed them an offer of x amount and said if they didn’t accept I would rather the court decide... they accepted!!!!!

I have never heard of them doing payment plans. I have heard of them taking people to court and I know that what they are doing is wrong. Doorstep collection fees etc.

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