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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.

      Please can you advise what I need to do today to get this done. 
       

      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
      • 161 replies
    • 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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Payday Loans Help **


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Wonga sent this email this morining.

 

Hi StarFang,

 

We hope your cash advance was useful! We know how hectic life can be, so this is a reminder that we will be collecting £580.64 from your debit card on 02 Sep 2011. Please ensure enough funds are in the bank account linked to that card as a failed collection would result in a missed payment fee of £20, which is the last thing we want to happen!

 

Keeping our trust

As soon as we have taken your repayment, you`ll be able to apply again next time you need a short-term cash advance and keeping your promise means your Wonga trust rating will increase. This improves the likelihood of future approval and boosts your credit limit. Also remember that repaying your Wonga loan on time does wonders for your credit rating!

 

What if my circumstances have changed?

If you know the full amount will not be available for an unexpected reason, you can extend your loan for up to a month from the current promise date.

 

Login to Wonga at least a day before repayment is due, click the MyAccount tab and then select ‘Extend my loan.’ A part-payment of the existing balance is required and an Admin fee will apply if approved.

 

Remember the sooner you repay your loan the less it will cost, so if you don`t need to extend we will automatically collect the repayment first thing on the agreed date and look forward to being of service in the future!

 

 

Regards from the customer service team

 

0871 288 5704

http://www.Wonga.com

 

Since they haven't yet responded to the email I sent yesterday regarding their payment plan, I have simply forwarded the same email to this address.

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Hi there Many people are in the same boat on these boards - QQ have of course charged many people the £12 default fee, myself being one so yeah it does and can happen - that is prob why they don't like dealing with you before dafault but I have found they will cap interest if you agree to what they put to you and stick to it so after the initial charge of £12 I believe it's not that bad. Seriously - I had another PDL where purely charges rocketed to nearer £400 brought on by the companies attempted ignorance of the situationthough again I've seen worse on here I got default notice come through by email, day after the original payment was due to Quick Quid.

Happy to share my experience but for your own protection, please check and double check what myself and other Caggers inform

...

“Nothing in this world can take the place of persistence.”

 

:-)

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I have just rang Santander for them to check for any pending debit card payment-just incase Payday Uk decide to attempt to get there money. Bearing in mind i reported my:???: debit card lost last week and still waiting on my new card to arrive. He adviced me because its a loan i am repaying, that type of company my still be able to get there payment tomorrow as its a recurring debit card payment. Is that correct????.

Worried now as i wont have enough money left to pay my mortgage,bills and other Payday loans..

Gonna have a very sleepless night tonight...

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Hi there Many people are in the same boat on these boards - QQ have of course charged many people the £12 default fee, myself being one so yeah it does and can happen - that is prob why they don't like dealing with you before dafault but I have found they will cap interest if you agree to what they put to you and stick to it so after the initial charge of £12 I believe it's not that bad. Seriously - I had another PDL where purely charges rocketed to nearer £400 brought on by the companies attempted ignorance of the situationthough again I've seen worse on here I got default notice come through by email, day after the original payment was due to Quick Quid.

 

They wanted me to pay £175.50 a month, but I can only afford £38.77 so I'm going to have to default. They wont even let me make any token payments in the mean time. I could post them a cheque I suppose. According to OFT Debt Collection Guidance July 2003 (updated December 2006) section 2.10D, companies can not add charges as a penalty for non payment, other than to cover the real costs of collections activity.

 

I have just rang Santander for them to check for any pending debit card payment-just incase Payday Uk decide to attempt to get there money. Bearing in mind i reported my:???: debit card lost last week and still waiting on my new card to arrive. He adviced me because its a loan i am repaying, that type of company my still be able to get there payment tomorrow as its a recurring debit card payment. Is that correct????.

Worried now as i wont have enough money left to pay my mortgage,bills and other Payday loans..

Gonna have a very sleepless night tonight...

 

I've moved all my banking activity over to another bank, so even if they tried to take a payment, there's only £0.30 in there anyway. As far as I'm aware they can keep taking from a new debit card on the same account, this happened to me a few years ago with phone insurance.

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I need some help, I have seen on here somewhere that if you have requested a payment plan before you have defaulted they cannot charge you a default fee. Where is the legislation that says this?

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Quick Quid and Wonga have both emailed today.

 

Quick Quid have added a £12 dishonor fee. Am I right in thinking that I don't pay this?

 

I have agreed to pay £38.77, which comes off the interest, they're sending me a payment link.

 

Wonga have ignored my previous correspondence regarding a repayment plan, I've forwarded the email I sent on the 30th outlining my payment plan proposal.

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Is it in their terms & conditions?

 

It is in the terms and conditions as a missed payment fee. I only missed the payment because they have not agreed to a payment plan. I have contacted them and they stated that the account must go into default before they consider a plan, which means they are forcing me to take a late payment fee.

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Is it worth asking for a copy of their complaints procedure before I make a complaint? Also I have heard nothing at all from MiniCredit.

 

Cash Genie on the other hand have been fantastic, accepted a payment plan on my terms, due to start on 15th September.

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It is in the terms and conditions as a missed payment fee. I only missed the payment because they have not agreed to a payment plan. I have contacted them and they stated that the account must go into default before they consider a plan, which means they are forcing me to take a late payment fee.

 

All of these penalty fees should be challenged for sure, it doesn't cost them £12 if you missed a payment so it's likely they are profiteering from this. Many firms will state that they can only help once an account is defaulted - although this seems unfair they do have to usually wait until a default has taken place which breaches the original contract - they should then be flexible - with any help at least.

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Quick Quid want me to pay the interest today, plus the default fee, since the actual loan isn't due until the 15th. I told the I'll pay the £38.77 as outlined in the email I sent to them, I'm still waiting for this link to pay.

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Despite being told by Quick Quid that they don't accept Paypal, they have funnily enough sent me 4 Paypal invoices. I've paid one for £38.77, which is this months payment. I expect I'll hear from them on the 15th when they don't receive the full balance, despite being told numerous times that this is the only payment plan I am willing to enter into. Not heard anything back from Wonga as yet, and still zilch from Mini Credit.

 

Some email addresses here that may help.

 

Paypal Payments are made to: [email protected]

Customer Services email: [email protected]

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two point need under lining for all the posters here [and some are hi-jacking this thread too - start your own one!]

 

no pdl comapany has any legal remit to add 'charges' or 'fees'

you should only ever pay in total - your loan + 1months interest minus any payments already made

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you should only ever pay in total - your loan + 1months interest minus any payments already made

 

 

Do you know what the legal authority is on this mate? I've been asking a couple of people - and no-one has been able to direct me to it.

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yes its been to court

 

sillygirl1 will know the details

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes its been to court

 

sillygirl1 will know the details

 

dx

 

Thanks mate, I would be interested if there is binding authority on this as I've come across plenty of instances where more than the one month has been chased by these various firms.

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They have tried claiming amounts of £1,800 for an original loan of £150 via the courts, their particulars of claim have been flawed which has been where the defence starts, pointing this out to the court. The fact that there is little legislation to use against them is also mentioned and mediation is asked for in all cases.... 9 out of 10 claims do not get past allocation stage as the firm does not want to pay out another fee, hoping to get judgement by default.

 

The very unfairness alone is enough, the ultra high interest rate, unreasonable behaviour by the company, vexatious nature of the claim and the repayment history are all used to good effect.

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The very unfairness alone is enough, the ultra high interest rate, unreasonable behaviour by the company, vexatious nature of the claim and the repayment history are all used to good effect.

 

I totally agree there, the courts are there to do what's right, on balance. The proportionality argument is going to be the strongest one going. What's also on side is the relatively small amount of money that's being claimed - many of the creditors many not feel that taking a defended claim forward is financially viable - nor may they have the knowledge to do so; I've noticed many of these firms seem to be owned by overseas parent companies - in particular the USA.

 

Remember the Meadows case? That may have similarities to any significant claim by a PDL firm:

 

http://www.guardian.co.uk/money/2005/jul/28/debt.business

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That's not a particularly helpful case as it deals with an initial loan of £6,000.

 

We are talking about £150 to £300 for the average payday loan, and the 34% interest is peanuts compared to the triple figure interest they charge. Its best to deal with each case (as I keep explaining) on the flaws in the particulars of claim and the repayment history (if any). That seems to be a very common-sense way.

 

Many of the people won't be able to come up with a challenge to the legal stuff in court without heavy help and it isn't necessary - again as proven that the companies cave in once a defence of any kind is filed.

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That's not a particularly helpful case as it deals with an initial loan of £6,000.

 

 

Amounts may be different but much of the fundamental principle will be near identical.

 

Time Orders are likely to be the most powerful tool with these things.

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I'm not going to argue the legalities of this as I do not have the training nor knowledge. I will leave it for you to take over and do the next few defences and see what happens. I don't have time to spend on this forum counter arguing what has already been discussed time and time again.

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