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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.  

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      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.

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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.
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      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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HSBC Business Accpunt - unauthorised overdraft - demand for payment


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Hi all

Hope someone can help,I’ll be as brief as poss and thanks in advance to all who respond.

Ive run a small business as a sole trader for 5 years. Last year due to the downturn business took a vertical leap of the cliff and I gained an informal overdraft with HSBC, around £1k. This was principally because they had provided me with a charge card which let me run upto £1k/month which was then recovered by DD every month. Since no funds were available one month (Feb/March) they took the DD and left me a £1k unauthorised o/d. They began to charge me £8/day for being o/d and I ended up aprox £1.2 k in debt to them.

Since business was v quiet and their collectors kept phoning, I told them there was no way I could repay in full. They advised that if I could bring the o/d under £1000,they would let me repay about £130 per month and still use my account. I managed to do this and all was ok for a few months,but with business still suffering,after 3 months in around July, I missed a payment and they withdrew the facility,leaving me with an unauthorised o/d and charging £8 per day again.

When I asked,they would not let me pay by instalments again unless I took out a managed loan agreement,which I read on here are a nightmare so I didn’t sign up. I have continued to tell their collections team that I will pay the o/d as and when I receive funds but business is v slow and |Im having to drag money from people who owe me. The o/d now stands at around £1.5k, around £300 - £400 of which is charges.

At the start of December,they sent me a letter saying that I must contact them to let them know how I intend to pay them back and seemingly demanding that I sign up to a managed loan or pay back in full. I messaged them via the internet banking system to say that paying them back is a priority but until my debtors pay me I am unable. I added that I hoped to be able to pay back in full within a couple of months but failing that could only offer to pay £150 per month starting immediately.

I have now received their response dated 29th December,which doesn’t acknowledge my message to them at all, but demands payment in full within 18 days ( 16th Jan) and threatens debt collectors/ solicitors action if payment not received and adds that I may also be taken to court

Not sure I can find the money by then and wondering where I stand. Any ideas?

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