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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

In court on Tues, worried sick CASE ADJOURNED

Shazza50
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Ell-enn

Ell-enn

Posted
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The stance used to be that you should have nothing left over as everything should be accounted for in the categories on the sheet, however, there have been some instances where a judge has asked what you would use in an emergency. It's really up to you but I still think you should show as little as possible left over - under £5 really. Most people would cut back on petrol or housekeeping if there was an unexpected expense.

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caro

caro

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I feel so much better now :-)

 

Good. I'm sure you'll be fine.

 

Thank you so much, that is really helpful Ell-enn.

I have just been looking through the history of payments that they have sent me and I haven't actually missed a payment since November apart from the hiccup with the direct payment in Jan which was paid as soon as I noticed it. There is also another £565 to be taken off the arrears that I paid in March.

If there is a free legal advisor there, will they speak for us?

Do I approach their solicitor?

There is £28 left over on the budget sheet, what do I do about that, should I add it to my housekeeping or just leave it.

 

The way food and petrol are going up lately I'd be inclined to allow a little bit extra for them to make sure you can stick to the amount you're offering if things get a bit tighter.

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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caro

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I feel so much better now :-)

 

Good. I'm sure you'll be fine.

 

Thank you so much, that is really helpful Ell-enn.

I have just been looking through the history of payments that they have sent me and I haven't actually missed a payment since November apart from the hiccup with the direct payment in Jan which was paid as soon as I noticed it. There is also another £565 to be taken off the arrears that I paid in March.

If there is a free legal advisor there, will they speak for us?

Do I approach their solicitor?

There is £28 left over on the budget sheet, what do I do about that, should I add it to my housekeeping or just leave it.

 

The way food and petrol are going up lately I'd be inclined to allow a little bit extra for them to make sure you can stick to the amount you're offering if things get a bit tighter.

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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Ell-enn

Ell-enn

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Posted

That's right, if you "lose" most of the amount left over into housekeeping you have a bit of leaway if prices increase.

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Ell-enn

Ell-enn

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That's right, if you "lose" most of the amount left over into housekeeping you have a bit of leaway if prices increase.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ell-enn

Ell-enn

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Is there a CCJ yet?

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Ell-enn

Ell-enn

Posted
Posted

Is there a CCJ yet?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Shazza50

Shazza50

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yes there is, it was in November. I had problems trying to find out what exactly the judge had ordered as it wasn't clear. It didn't say 'forthwith' on the judgement letter. I phoned and wrote to the court and no-one seemed to know exactly what he meant. I got a letter back saying the judge had said 'leave letter on file'. Also when I posted on here no-one had come across it before. So out of the blue this week, I get the papers for a charging order.

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Shazza50

Shazza50

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yes there is, it was in November. I had problems trying to find out what exactly the judge had ordered as it wasn't clear. It didn't say 'forthwith' on the judgement letter. I phoned and wrote to the court and no-one seemed to know exactly what he meant. I got a letter back saying the judge had said 'leave letter on file'. Also when I posted on here no-one had come across it before. So out of the blue this week, I get the papers for a charging order.

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Ell-enn

Ell-enn

Posted
Posted

OK, let's get the house repo out of the way and then we can tackle the CO.

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Ell-enn

Ell-enn

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Posted

OK, let's get the house repo out of the way and then we can tackle the CO.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Shazza50

Shazza50

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Just hoping I don't get the same Judge, not a nice man. He made a point of saying he didn't agree with people trying to get out of paying their debts by using forums on the internet, even though I told him that my issue was not about paying it, but who to.

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Shazza50

Shazza50

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Just hoping I don't get the same Judge, not a nice man. He made a point of saying he didn't agree with people trying to get out of paying their debts by using forums on the internet, even though I told him that my issue was not about paying it, but who to.

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Ell-enn

Ell-enn

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Why did he think you were trying to get out of paying?

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Ell-enn

Ell-enn

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Why did he think you were trying to get out of paying?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Shazza50

Shazza50

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I told him that the issue was the debt collector didn't have the right to collect the money from me as they didn't have a copy of the agreement only an application form. It started off well with him criticising them for not producing a default notice and generally having a bit of a go at their representative, then he asked me if I had had the money, to which I replied yes, then he did an about turn and decided that the application form was an agreement.

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Shazza50

Shazza50

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I told him that the issue was the debt collector didn't have the right to collect the money from me as they didn't have a copy of the agreement only an application form. It started off well with him criticising them for not producing a default notice and generally having a bit of a go at their representative, then he asked me if I had had the money, to which I replied yes, then he did an about turn and decided that the application form was an agreement.

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Ell-enn

Ell-enn

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Hmm, that's happening a lot these days.

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Ell-enn

Ell-enn

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Hmm, that's happening a lot these days.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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caro

caro

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Just wanted to wish you well for tomorrow. You won't need luck.:-)

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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caro

caro

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Just wanted to wish you well for tomorrow. You won't need luck.:-)

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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