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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.
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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.

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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.

Logbook loans have lost their final appeal they are officiallly gone

Nicky Bodmin
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caro

caro

Posted
Posted

Thanks for the info Nick. Not before time!

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 months later...
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caro

caro

Posted
Posted

Good to hear is it me. Have you got a thread so everyone can see how you did it?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
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I suspect that they will be allowed to continue trading. Look at the banks with charges - all the time the case with the OFT was going through the courts, for the most time they carried on charging despite the legality of them being questionable.

 

Good luck with the hearing Nick. If you are able to, please let us know how you get on.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 weeks later...
caro

caro

Posted
Posted

I guess the hearing is over. Has there been any indication of when a judgment can be expected?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

Thanks Nicky. These things do tend to take a long time. It's annoying that LBL are allowed to keep trading while this is ongoing, but I guess it's a case of innocent until proven guilty.:roll:

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I guess that's what's known as having your day in court. Well done Nicky.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I imagine a copy of your testimony would be a useful addition to your court bundle making sure the judge is fully aware of the OFT case.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I find it very difficult to ever predict how things will go in court. I have seen so many cases on CAG that to me seem clear cut. I guess we only really hear one side of the story and most of us have such limited knowledge of the law, and judges have to rule on their interpretation. The supreme court overturning the earlier judgments in the bank charges cases proved you can never tell. I saw a programme about the workings of the supreme court and the judges seemed genuinely to want to rule against the banks, but they had to rule based on their interpretation of a specific point of law and as such felt they had no choice but to find in favour of the banks.

 

All you can do is your best Nicky. I believe that preparation is the key, and I think this link is helpful for anyone going to court. http://www.consumeractiongroup.co.uk/forum/showthread.php?163425-Re-Me-vs-MBNA-court-case-looming-help-please-**DISCONTINUED**&p=2171582&viewfull=1#post2171582

 

One thing that you might like to consider is applying for your case to be stayed pending the outcome of the case against the OFT. I don't know if that would be appropriate or not as I don't know enough about either case.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 5 months later...
caro

caro

Posted
Posted
hi guys this is the PM I was sent who is this person

with the info about loans2go

 

Yes. Some clarification would be good.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

Hi Nick

 

I've asked for input from the team and will also have a good read myself over the weekend.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

Please bear in mind that the site team aren't experts, but we are trying to get it deciphered.

 

In the meantime, I would suggest phoning the OFT to see if they can clarify the situation.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

So now we know!! :-x

 

Thanks for contacting the OFT and sharing the email Nicky.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I guess the money they've made has made it worthwhile for the time they've got away with it. If they weren't allowed to keep their ill-gotten gains it might be a different matter!

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted
Hi again ,

 

What I wanted to say in reply to Caro message was if a conviction can be gained for fraud for impersonating a solicitor maybe Proceedes of Crime might come into play.

 

Who knows.

 

I'm glad you said if Nicky, because that's a big IF, and purely hypothetical. IF anyone had proof of criminal activity it should, of course, be reported to the police. We need to be careful that we don't make allegations that might be considered defamatory to protect ourselves personally, and CAG.

 

What sort of help do you think the site could offer Nicky?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

I'm subscribed to the email for Moneybox. Tomorrow's progamme at midday on BBC Radio 4 includes this.

 

***IN MONEY BOX THIS WEEK***

 

Britain’s largest logbook loan brand is active again just days after the firm that owned it went into administration. Logbookloans.co.uk, now under the new ownership of Hermes Property Services ltd, is online offering loans at 478% APR secured against the value of a car or motor bike. We look at how these loans work and hear from a senior trading standards executive who says this type of loan should be banned.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...
caro

caro

Posted
Posted

If you start a new thread with the information and a link Nicky, I'll make it a sticky and ask for a link in the next newsletter.

 

You could also put a link to it in your signature so it will appear in many of your posts.

 

Petition signed by the way. :wink:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted
Hi Caro,

 

Thanks. How do I put my link in my signature.

 

Im looking at putting up a facebook account for this any advice welcome.

 

Go into User CP and you can edit your signature there, including adding links.

 

Title of new thread capitalised and newsletter editors have been asked to provide a link in the newsletter.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 8 months later...
caro

caro

Posted
Posted

Now the case is over I'm closing the thread.

  • Haha 1
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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