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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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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.
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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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Welcome Finance : welcome car finance


jonottley
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Hi, After seeing all the complaints about this company I decided to make an account give mine and ask for some advice. Baisically ive been mugged off by welcome. Yep its my own fault i signed the stupid contract worst mistake of my life etc. I got a car for 13000 two and a half years ago, To date i've paid just over 7 grand. On my contact it says i have a settlement figure which states if ive payed 4,700 and have taken care of the goods i can hand the car back and thats that. I have damage to the car a dent and a scratch were it was keyd and havent accually serviced the car since I got it from them(Idiot I know). does this mean ive broken the terms and conditions so im screwed? i can get the damage fixed but the non service worries me. I recently phoned welcome up to say i want to hand the car back to them and they said i must voluntary terminate or voluntary surrender and i cant give the car back to them like it says on my contract. I didnt tell them about the damage on my car nor the non serviceing. I spoke to the citizen advice bearau and they said get leagal advice, thought ild give this a try and see if anyone could give me some decent advice. my cars worth about 2 grand now because of the mialage and welcome game me a settlement figure of 4,600. if anyone can help i would be greatful! cheers.

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Hi, I Vt'd my car with Welcome in August and they didn't check the service history when they collected mine. If it was me I would get a minimum service done if you want to send it back, they can charge you for the damage so it might be worth seeing how much it would cost to do.

One thing you if you want to send the car back make sure you voluntary terminated the agreement and not voluntary surrender. If you voluntary surrender the car you would be liable for the total amount left.

When you took out the agreement what insurances did you take out as you may still be liable for some of these.

 

JJ

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Hi JJ, thanks for replying. I took out Shortfall and Mechanical Breakdown insurance, I couldnt get PPI because I work for an agency. The VT process that welcome explained to me is my car will be sold at an auction and the price they get for it will be taken off my balance which i will still have to pay. I can get the damage fixed for £200 which i am considering as i think welcome may charge more.

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Hi, you would only be liable for the balance if you voluntary surrender. Can you check (or better scan up) your agreement don't forget to remove any personal details so it can be checked that it is an HP agreement. There should be a box titled 'termination your rights' and show a amount you must pay before you can vt the car as long as your agreement is up to date with no arrears.

Welcome will try and get you to voluntary surrender as they dont make much money when you vt the car.

It would definitely be worth paying the £200 to have the repair done.

If you decide to go ahead make sure you send the termination letter recorded, I also faxed over and dropped in a copy to the local office just to make sure they had a copy.

Let us know if you need a copy of the VT letter

 

JJ

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Thanks mate, yep its definatly a HP agreement and ive gone over the difference between a VT and VS on the phone, they tried to say they was baisically the same thing which I know is wrong, they said in both circumstances the car gets sold at auction and I still owe the remaining balance. I've paid up to date and even 2 grand over the 'terminate your right' figure. If you could send me a copy of the VT letter that would be great. Cheers for your help I think im going to get this damage fixed get a service and send the VT letter off and hopefully that will be the end of my problems!! :D

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This one should do the trick:

 

'TO BE USED WHEN YOU WANT TO TERMINATE A HIRE PURCHASE AGREEMENT WITH YOUR CREDITOR

 

Your Name

Your Address

 

Company's Address

 

The Date

 

VOLUNTARY TERMINATION OF AGREEMENT

 

Dear Sir/Madam

 

Re: Account Number (Car Make/Model and Registration Number)

 

I am/we are writing to notify you that I am/we are exercising my/our right to terminate the above Agreement under Section 99 of the Consumer Credit Act 1974.

 

I/we understand that I shall/we will be liable to you for the amount calculated under the formula in Section 100 of the Consumer Credit Act 1974.

 

Please send me/us details of how the vehicle can be returned to you.

 

Please confirm receipt of this request by telephone/fax to me/us on (your telephone number or fax number).

 

Yours faithfully

 

Your Name'

 

They may try and charge you a collection fee which I have been advised that is against the consumer credit act.

 

Just make sure that you letters are sent recorded as Welcome have a habit of mislaying letters.

 

The car must have an MOT, not sure about the tax, I left mine on as it had less than a month left. It has to be road worthy and all the tyres must have tread on them.

 

JJ

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