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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.
      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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Final Salary Overpayment


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Hope you can help with this one!

My wife worked for the NHS until June 2009 her final payday coincided with the day with left the UK for Canada we transferred all money to Canada and closed UK bank accounts. She was later contacted by the NHS (now previous employer) via email stating that she had been overpaid GBP 925.00 due to the resignation letter not having been given to the correct department in time by her manager and hence them not knowing she was leaving, she had given it to him two months prior BTW.

 

I at the time did not think we should be expected to back this money back.

 

1: As the error was 100% they’re doing.

2: we had no way of know there was an overpayment (you only receive one final salary) nothing to base it on.

3: Our circumstances had changed transferred all money moved to Canada spent money to buy home.

 

However on moral grounds she wanted to pay back the money. Via communication all over e-mail she got to the point of them accepting CAD$ cheques in 12 equal payments, (we had no way of paying on GBP) she then asked for 18 payments the negotiator said she would confirm acceptance from her manager did not see a problem and would get back to her very soon. That’s the last we heard over a year has gone by and nothing.

 

Then recently we started to get letters from this company

ww.ccilegal.co.uk (not allowed URL link)

Asking for payment I do not want to deal with them!

 

This action by the NHS has infuriated plus we don’t really have the money to pay it back anymore

 

As I understand

 

No CCJ can legally be obtained as we no longer live in the UK

The reciprocal agreement (between Canada & UK) can’t be followed without a CCJ

The Statue of Limitations in Alberta Canada is 2 Years

 

Please advise where we stand on a legal point (not moral)?

 

Don’t care about UK credit rating not going back

 

All we care about is

 

There will be no effect on Canadian credit rating

If the debt is in anyway enforceable in Alberta Canada

 

 

Thanks In advance

Edited by rjwilliams
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As this was caused by the incompetence

of an NHS manager I can see no Moral

reason for their demand for repayment.

As to legal grounds the premis is that one

cannot gain fianancially from a genuine mistake,

but this is incpompetence nothing else.

It would cost the NHS far more than £950

to pursue and IMO they would loose after

all this time.

Brig.

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:

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They cannot pursue in the UK although technically they can in Canada using UK law. As the Brig has said, for that amount it wouldn't be economically viable for them to take the legal route. If they did as I said they would have to do it in your country of residence and as long as there was no written admission or payment towards the debt within the limitation period you can claim it's Statute Barred.

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Thanks for your replies

 

But can you please clarify, my understanding / research has lead me to believe no legal action an be taken in Canada until they first have a UK CCJ, which they can't obtain whilst we don't reside there.

So we have a stalemate situation.

 

Thanks

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There are reciprocal agreements in place between the UK and Canada in which a UK claim could be heard in the country you reside although a court may decide it does not have the jurisdiction and refuse to proceed. If a case does continue it has to be heard using the legislation of the country where the cause arose. For this reason it can be extremely expensive for the claimant if their claim fails, particularly if they are uncertain the person they are claiming against has the assets or means to pay.

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They may sell the debt to a debt collection company but I doubt it, it'll be more likely that a DCA will act on their behalf and then pass it back when they keep hitting a brick wall.

 

I can't give a % guess other than to say it'll be highly unlikely that they'll try anything via a court.

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I agree with Cerberus I have

seen only one such action in

30 odd years that succeeded

but that was an action involving

tens of thousands of pounds and

action was funded by a multinational

corporation.

 

Brig.

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:

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  • 2 months later...

I am in a remarkably similar situation to rjwilliams. However, I have returned to Australia and the overpayment is £2700. The overpayment occurred in 2008 and I have not been notified until now. If I also ignore the request will this preclude me from working in the NHS/UK in the future? Also, would I be pursued if I were to return for holiday or work in the UK?

 

Would appreciate any comment.

 

Regards.

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The overpayment occurred in 2008 and I have not been notified until now. If I also ignore the request will this preclude me from working in the NHS/UK in the future?
No.
Also, would I be pursued if I were to return for holiday or work in the UK?
As much as they would like to they will have mo knowledge of when you enter or leave the UK. Any overpayment will become Statute Barred after six years so they will be unable to take any enforcement action.
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