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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.

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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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DMP and F&F - is it a case of either or?


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Hi all. First post, so be kind please!

 

I've got my head around the F&F stuff, all the caveats, the need for very specific wordings, letters etc. The query I have is how to manage F&Fs while on a DMP.... or, if it's not going to work.

 

My understanding is that CCCS, who manage or DMP for us, do not like the whole F&F as we are suppsoed to treat the creditors equally. But, we owe a flipping mound and, with the help of selling my car and family contributions we could probably pay off three or four of the smaller CC debts, if they accepted even somewhat less than we owe.

 

My issue is - do we tell CCCS of our plan? Do we just go ahead and do it? If the latter then surely we're going to have to 'fess up to CCCS because we'll be asking them to remove creditors from the payment list?

 

Any advice greatly welcome. Cheers.

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Hello there.

 

As you know any offers of F&F settlement to the creditors should be made using a pro-rata formula. The problem lies in the fact that different creditors are likely to be more receptive to a low offer than others - this is especially true if a debt has been sold on to a DCA who may have bought the debt for very little. The way I see it is that any arrangement which involves reducing your overall indebtedness is a good thing. If you get rid of some creditors under a F&F you will be able to make greater monthly pro-rata offers to those creditors which are left.

 

Hope this helps!

 

Seq

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I had this issue many months ago, from what i can remember if you payed off the smaller DCA's via F&F then yes it will be a help to yourselves, trouble is if the bigger debts find out what you have done they can get nasty and refuse all offers and take legal action in which a judge wouldn't see that you have acted fairly.

 

However, this is if you get found out lol.

 

Other option is to do it sequanci's way and make them all an offer via a pro-rata payment, if some accept then great, if some refuse then tough on them and keep them on a DMP

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