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    • and it will be also now written off under age related criteria anyway.
    • @dx100ukThanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe consequences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points? @Man in the middleI've been searching the forum and you seem very knowledgeable. Would you mind giving a look at my query please? Thanks in advance!!
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
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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.  

      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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    • 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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Bill of sale - urgent questions and answers please.


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Hi

 

A friend is really struggling with a car loan and cannot pay it. He should have paid three weeks ago but due to unemployment cannot afford to pay. Despite the fact the payment is only three weeks late, the finance firm advise they will seize the vehicle this week.

 

1) Is this a "Bill of Sale"

 

2) How do we check it is properly registered?

 

3) The "optional insurance" related to a warranty which may have been mis sold due to the amount of pressure applied at the time by the sales team. Should this optional insurance be part of the loan like this?

 

Any help greatfully received. Scan.jpg

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Hi

 

My friend has a car on a deal with ACF Finance and is unable to repay the loan.

 

The Bill of Sale is dated third June 2008.

 

What date would it have to be registered at the court for the Bill of Sale to be enforceable? Also, I am led to understand it was registered on the 16th June - so is this too late? If so, how do I tell the court that the Bill was not registered in time?

 

Thank you

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Sorry!

 

This is the update.

 

The car was not seized last week as it was agreed I could have a week to check the Bill of Sale.

 

I do not have the court copy of the Bill of Sale yet, but requested this last Thursday to the Royal Court - sent by guaranteed delivery.

 

I am advised though....

 

1) Date of Bill - 3rd June

2) Date of affidavit - 4th June

3) Court stamp - 11th June.

 

The finance firm were writing to my friend last week and were sending by recorded delivery but to date, nothing received.

 

Bottom line question then, and in summary, is the BoS void or valid?

 

 

Thanks

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a bill of sale has to be registered within seven days of signing

 

now there has been an important decision in the high court reference bill of sale and log book loans

 

who has witnessed the bill of sale and who has signed the credit agreement

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The legal term for this is called astestation

 

a person who signs the agreement cannot be party to the bill of sale

 

is it a fixed sum loan agreement or hp

 

The Bills of Sales Act was amended to allow a person from the company to witness the signaturelink3.gif on the agreements, but the witness CAN NOT sign the CA and the BS there has to be three people present. The borrower the rep of the lender that sins both the cred agreement and the witness who can be an employee

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Hi

 

I have a third party authority to act on behalf of my friend and from my conversations with Cygnet, I believe this to be a fixed term thing rather than HP. I will ask them again though. If I re scan the document, how do I ensure the document remains at a readable size? It seemed to shrink before.

 

Edit - The Bill of Sale is dated 3rd June.

Bottom left - "Signed as a DEED by the said in the presence of (name of my friend)

Witnes signature

Witness name

Witness description

Witness adress

 

To the right - my friend's signature

 

Over the page, dated 5th June, is a handwritten note "This agreement is between (my friend's name) and Cygnet Financial Services Ltd.

 

Cygnet Financial Services I certify this to be a true copy of the original

Date 05 06 08

Signature

Finance Administrator

 

I cannot open the link above.

Edited by Fight the Pirates
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Use photo bucket

 

if it is a fixed sum loan agreement then they cannot reposess as the security on the bill of sale is null and void

 

the goods belong to you out right

 

the only poss thing cygnet could do is apply to the court for a return of goods order

 

very unlikly

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Hi

 

Sorry I may have provided some incorrect info.

 

The copy of the Bill of Sale is signed by my friend and the salesman - initials BC. The bill of sale is dated 3 June 2008.

 

On the back of this copy, is the hand written wording "This agreement is between (my friend's name) and Cygnet Financial Services Ltd.

 

Cygnet Financial Services I certify this to be a true copy of the original

Date 05 06 08

Signature

Finance Administrator

(This is a difference name to the samesman)

 

 

The credit agreement is signed by only my friend - there are no other signatures on it. This is the "customer copy" - dated 3rd June.

 

The credit agreement, marked as Cygnet Financial Services copy is signed by my friend and a person from Cygnet Financial Services, dated 5th June.

 

What is a photo bucket.

Edited by Fight the Pirates
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The finance agreement must have a signature on behalf of the finance company after yours to execute the agreement

 

Just to recap. I have the customer copy of thecredit agreement here. It has my friend's signature as the debtor. This is an original - I can tell the signature is in "biro" and is not a photocopy. There is no "Signature on behalf of Cygnet Financial Services Ltd" - it is totally blank.

 

The customer copy of the BoS has my friend's signature and also the salesman's signature. The salesman name and signature is in the witness box.

 

I also have a copy the Cygnet Financial Services copy of the credit agreement. This shows my friend's signature dated 3 June 2008 (photocopy) and also the signature of Cygnet dated 5th June 2008.

 

It all seems very confusing to me, and I apologise if I did not make this clear enough.

 

In terms of the seven day rule, the BoS is dated 3 JUne 2008, the solicitor stamped and dated it on the 4th and the court stamp is the 11th June.

 

Thank you.

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  • 3 weeks later...

Cygnet claim the BoS is valid and as such sent a firm to seize the car - despite my written complaint to Cygnet stating the BoS was void. I have applied to the court now to void the BoS - the court staff verbally stated it was out of day. The Bos was made on the 3rd June and stamped on the 11th. We will keep you posted.

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Hi i have the same issuses as Fight the Pirates with my agreement with the funding corporation. But i dont have a copy of the BOS and dont no if this is void at this point. Are they obliged to send me a copy if my partner asks for it ?

 

My partner signed a contract just like Fight the pirates copy in October 2009, and wish we had not been so hasty and signed for this extortionate finance!!

 

I just wish to no that if my BOS is void and there is not a signature under where my partner signed in reguards to The Funding Corporation can i legally stop making payments to them, and keep the car which after two years of £250 a month i have payed for outwright ?? If not what options do i have ?? A

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