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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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    • 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.
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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.
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tamadus

By tamadus
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vint1954

vint1954

Posted
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Thanks for your reply reallymadwoman. I might try and see if they will take a reduced amount and do it 0%, if they have not got the cca then this would put me in a stronger position. Does anybody know if there is a thread for settling for a reduced amount, there are so many threads and replies sometimes it is like looking for a needle in a haystack?

They don't seem to have kept physical copies of agreements, only tiny carp copies.

 

Be prepared for them to be ecomomical with the truth of the situation. If you keep writing ( baiting ) to them, suggesting that they have not got the true reverse of the agreement, they will send enough different ones to prove that they can't put a true copy together.

 

I have 4 different T&C's that were supposed to be on the reverse of an application form. Even their solicitors have sent 3 versions plus 2 varrying DN's, neither as the original.

 

You may actually get an offer from them, of a reduced settlement, if you wait it out.

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ODC

ODC

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I have 4 different T&C's that were supposed to be on the reverse of an application form. Even their solicitors have sent 3 versions plus 2 varrying DN's, neither as the original.

 

.

 

That would be fun if they took it to Court if they have assured you that each one was correct:lol:

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pt2537

pt2537

Posted
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not if you were not made aware of it , no

nearly right

 

IF you paid the broker a fee and then he goes and gets a back hander from the lender then he is in breach of his fiduciary duty, however if you dont pay the broker for his services, then he is entitled to get paid from somewhere inst he?

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cab1ne

cab1ne

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nearly right

 

IF you paid the broker a fee and then he goes and gets a back hander from the lender then he is in breach of his fiduciary duty, however if you dont pay the broker for his services, then he is entitled to get paid from somewhere inst he?

 

"lost me now"

 

cab

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pt2537

pt2537

Posted
Posted

how have i lost you now?

 

If you go to a broker, he doesnt work for free does he?

 

hes a right to be expecting to be paid by someone?

 

or do you think that brokers work for free?

 

you see, the brokers duty of care only works when he is employed and thus paid by you to find you the best loan, if you dont pay the broker, then you can hardly complain he received payment from the lender can you

 

go read Imageview Management V Kelvin Jack and you will see the issues

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cab1ne

cab1ne

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i think i may be confusing the issue (my apologies)

 

i sought the vehicle through a dealer who then sought the finance as an agent for the creditor. i did not ask or permit or sign anything at any time for a broker, but it is obvious i have paid for one without any knowledge.

 

cab

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pt2537

pt2537

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i think i may be confusing the issue (my apologies)

 

i sought the vehicle through a dealer who then sought the finance as an agent for the creditor. i did not ask or permit or sign anything at any time for a broker, but it is obvious i have paid for one without any knowledge.

 

cab

then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

in fact the case im thinking of was exactly the same as yours and the court said no wrong had been committed as the broker didnt owe the debtor a duty

 

i will dig it out and post it here

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cab1ne

cab1ne

Posted
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thanx pt.

 

i just thought by reading some of the threads that a commission between a broker and a lender was just that and it should be at thier own expense and not mine. i think the word i have seen was called "secret commissions", but can't remember where i have seen it

 

cab

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diddydicky

diddydicky

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Posted
how have i lost you now?

 

If you go to a broker, he doesnt work for free does he?

 

hes a right to be expecting to be paid by someone?

 

or do you think that brokers work for free?

 

you see, the brokers duty of care only works when he is employed and thus paid by you to find you the best loan, if you dont pay the broker, then you can hardly complain he received payment from the lender can you

 

go read Imageview Management V Kelvin Jack and you will see the issues

 

i hope thats not the same SOB useless goalkeeper Kelvin Jack that we had at our football club for 2 years and did sod all!!:D

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cab1ne

cab1ne

Posted
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sorry pt,

but i have asked about a commission i know nothing about and you quote:then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

but on another thread i have just found one of your quotes:an undisclosed commission which is totally secret, that is to say NEVER EVER disclosed, or even suggested that a commission may be paid to a broker , is dynamite

 

:confused::confused::confused:

 

cab

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means2anend

means2anend

Posted
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sorry pt,

but i have asked about a commission i know nothing about and you quote:then you have no claim it seems as the broker was acting for the lender not you and case law clearly distinguishes these circumstances

 

but on another thread i have just found one of your quotes:an undisclosed commission which is totally secret, that is to say NEVER EVER disclosed, or even suggested that a commission may be paid to a broker , is dynamite

 

:confused::confused::confused:

 

cab

 

You are either confused or you have....

 

The fine qualities of a cross-examining lawyer..

 

 

 

m2ae;)

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pt2537

pt2537

Posted
Posted

it depends upon the circumstances, an undisclosed commission can be a breach of fiduciary duty, but it all turns on the circumstances in each case there is no one size fits all approach here im afraid

 

as i said , read Image view and jack it sets out hte commission issues, if the broker isnt paid by you then you really cannot complain

 

i will post the case where the court said that the car dealer is the agent of the lender not the debtor and thus the debtor couldnt complain about him getting a commission

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cab1ne

cab1ne

Posted
Posted
it depends upon the circumstances, an undisclosed commission can be a breach of fiduciary duty, but it all turns on the circumstances in each case there is no one size fits all approach here im afraid

 

as i said , read Image view and jack it sets out hte commission issues, if the broker isnt paid by you then you really cannot complain

 

i will post the case where the court said that the car dealer is the agent of the lender not the debtor and thus the debtor couldnt complain about him getting a commission

 

right pt getting the gist now (slowly) but getting there.

 

just done a bit more reading of my paperwork and from what i can see,

 

just to clarify a bit more, apperently the dealer was'nt an agent of the lender (my apologies). the dealer sought the help of a broker RFC Ltd to seek the finance of the vehicle. then the dealer told me i had been accepted for finance, (the dealer just got the cash from the lender and my £500 quid deposit).now i have a copy of the underlying sheet it shows that the creditor has paid a commission to the broker RFC Ltd.

 

cab

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Vulture_Bank

Vulture_Bank

Posted
Posted

just to put a link to events in parliament today concerning vulture funds and a private members bill getting an unopposed second reading.

 

all speakers found the existence of thes funds abhorrent.

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249352-private-members-bill-re.html

Tam Wing Chuen -v- Bank of Credit and Commerce Hong Kong Ltd [1996] 2 BCLC 69

 

1996

PC

Lord Mustill Commonwealth,

 

Lord Mustill discussed the need to construe a contract contra preferentem: "the basis of the contra proferentem principle is that the person who puts forward the wording of a proposed agreement may be assumed to have looked after his own interests, so that if words leave room for doubt about whether he is intended to have a particular benefit there is reason to suppose that he is not."

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Deep blue sea

Deep blue sea

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Posted

Hello, I'm a newbie here. I have recently been contacted by a company saying they can reclaim all my PPI and that they will do this for a fee- of course. £95 quid. I'm currently in a debt management plan and would love to lower me debts- but it all seems so complicated.

They say I could claim back 15K???? How is this possible???

 

any advice would be greatly appricated.

:(

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