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


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • 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 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • 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
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • 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
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
Latest activity

No help from DirectGov or Police on fake eBay job

giddybananas
 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4688 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

terriersaregreat

terriersaregreat

Posted
Posted

I have sent an email via ebay contact centre registering my disgust with ebay/paypal behaviour.

 

I also brought to their attention that no warnings have been received re these advertised "listing jobs" by ebay.

 

If I have a reply I will let you know.

Link to post
Share on other sites
  • Replies 117
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Bazooka Boo

Bazooka Boo

Posted
Posted
I doubt JobCentre will be liable for adverts placed on their website I beg to differ, it is their responsibility to ensure that adverts they place on their website are legit.

 

From a legal point of view can you be held liable if you are the victim of a crime? Never heard anything so ridiculous! So if you are murdered or raped you may be held liable?

 

I'm watching you! :spy:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
BankFodder

BankFodder

Posted
Posted

I think that Jobcentre has a certain responsibility. People repose their trust in JC's and I think that there may well be a legal duty of care.

 

On the other hand it may well be that job candidates alos have a duty to take care and they may well be seen to have contributed to the problem but not taking a certain level of care on their own behalf.

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

The old adage of advertising in any form should be LEGALHONEST> AND TRUTHFUL, which this certainly was not

obviously those who accepted this advertising have not even exhibited a common duty of care.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
theghost

theghost

Posted
Posted
I'm watching you! :spy:

 

As poster above said they may have a duty of care higher than most places but I very much doubt they will have total responsibility. Are Gumtree and eBay held liable for all the dodgy stuff posted on their websites?

 

A contract entered into when you are a victim of a crime is totally different to your example. If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I believe that when you are responding to an advert,offer etc. placed in a government office it ie reasonable to think

taht this has been properly vetted and is legal.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted
If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

 

Because DCA's do not believe such information regardless of whether it is in black & white and in front of their noses, hundreds, if not thousands, of alleged debtors have done this, only to find themselves on the end of increased harassment and intimidation from the DCA's.

 

I cannot think of a single occasion whereby you might be the victim of a crime yet still liable in any way?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
theghost

theghost

Posted
Posted

I am not sure either - hence I asked the question.

 

If you are certain of your position then the victims can be advised to sit back and let it go to court (after they have informed the DCAs they accept not liability for this).

 

My view on it is that they are opened to be sued by customers and they will have to sue the business to get their money back. So some liability applies IMO.

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Once again we get right back to the spineless regulators who seem afraid to take any action, being of a very suspicious nature

could it be that now central government is employing some of the worst offending DCA's and their pet ''solicitors'' things can only get worse.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
giddybananas

giddybananas

Posted
  • Author
Posted
As poster above said they may have a duty of care higher than most places but I very much doubt they will have total responsibility. Are Gumtree and eBay held liable for all the dodgy stuff posted on their websites?

 

A contract entered into when you are a victim of a crime is totally different to your example. If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

 

Gave it to them ages ago!!

Link to post
Share on other sites
theghost

theghost

Posted
Posted
Once again we get right back to the spineless regulators who seem afraid to take any action, being of a very suspicious nature

could it be that now central government is employing some of the worst offending DCA's and their pet ''solicitors'' things can only get worse.

 

 

???

 

It appears eBay have sent in the DCAs not the Government.

 

All the Government are guilty of is allowing an automated system for people to put adverts up (that are not vetted).

 

Also given that Ltd companies appear to be involved how much vetting do you want the government to do?

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Ghost, My point was that the my feeling is that now central Government

is employing DCA's will the Quango's who are supposed regulate the debt collection industry

feel even more that they have a supreme right to harass, ignore and fleece people!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
terriersaregreat

terriersaregreat

Posted
Posted

Further to post 26 I complained to ebay because surely once this had been pointed out to them they should have posted warnings. I've suggested that they view the posts on this website to see the results of this [problem].

 

I received confirmation of my complaint but no answer as yet.

Link to post
Share on other sites
princess1969

princess1969

Posted
Posted

I have been contacted by Iqor today demanding payment by debit or credit card today. I told them that I am not paying because I am holding Ebay, Paypal and Directgov responsible for this [problem]. They have been receiving complaints from victims since at least December 2010. It may even be for as far back as two years as I have found out from other forums this [problem] started being reported in August 2009. They have not taken any action to warn the wide Ebay and Paypal user community. All it takes is a newsletter or an email that would cost them nothing yet could have prevented many of us to be in this mess. Obviously as it is not in their best business interests they have done nothing to stop this from happening again and again.

The [problematic] are out there with another website swift-techltd.com. This one has been live since end of March and myself and the other 6 victims I know have reported it to police and Alan McMahon from Ebay Fraud Investigation team. And guess what? They have done nothing about it. So right now we do not know how many other innocent victims out there have fallen in their trap.

BankFodder can you tell me if this is going to affect my credit rating anytime soon as I am in the process of switching my mortgage?

Thanks

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

If it does affect your chances of obtaining a Mortgage, and by that I mean it IS the sole reason why you are refused a mortgage, then the only course of action for you is to pursue legal action against all those involved for substantial damages.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
BankFodder

BankFodder

Posted
Posted

I'm afraid that it is likley to affect your credit rating. I would be very surprised if they haven't put an entry on your credit file already.

 

You need to check it up.

Link to post
Share on other sites
princess1969

princess1969

Posted
Posted

I have talked to the Uxbridge and Hayes Gazette today and they are really interested in this story. Hopefully it should be published soon. Will these debt collectors come to my door anytime soon and do they have a right to enter my property if I open the door or clamp my car on my driveway?

Link to post
Share on other sites
Undercover-Elsa

Undercover-Elsa

Posted
Posted

Hi-

Debt Collectors have no rights of entry and cannot clamp your car!!! They'd like you to think they could though, LOL.

 

Have a read of my Debt Threat blog linked in my signature below...it should put your mind at rest.

Golden Rules: DO NOT speak to them on the phone (or record the calls if you do)

DO tell them to leave if they visit

DO keep everything in writing

DO NOT be intimidated by them

 

Elsa x

Link to post
Share on other sites
princess1969

princess1969

Posted
Posted

Thanks for that Elsa. However, I can't read your signature. It is asking me to join and have to pay with Paypal. As a result of this mess my Paypal account has been closed for good. What is worse, they have told me I will never be allowed to open another one as they say I am a financial risk to them. What a joke! I am a victim yet they treat me like a criminal.

 

I will follow your advise though. Thank you

Link to post
Share on other sites
BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

I checked my local JC+ they claim to hav no knowledge of this, but they are never very helpful any way.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Bazooka Boo

Bazooka Boo

Posted
Posted

Does a debt collector have the same powers as a bailiff?

 

No, a debt collector is not a bailiff and is not authorised by the courts. A debt collector is not allowed to enter your home or seize your property.

http://www.nationalmoneyhelpline.co.uk/faqs/dealing-with-bailiffs/

 

 

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

 

 

As already said a Debt collector IS NOT a bailiff, they have NO legal powers whatsoever. You should treat a DCA exactly the same as someone ringing your door bell trying to flog double glazing.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...