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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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      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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    • 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.

Threatened with Bankruptcy Proceedings -Aktiv Kapital/Judge & Priestley EGG Card

tezzaa61

By tezzaa61
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ex-manager-of-AK/Thames

ex-manager-of-AK/Thames

Posted
Posted

Hi Tezzaa61

 

as you can see from my name. im probably the best person who can help you here.

First of all I agree with the links below. First of all see if its stat barred (6 years old from the default date) if it is, they can’t do squat all.

If its not. Still don’t worry. The letter you have says we ‘MAY’ take one of the follow actions.

Along the lines of, field agents (these are not bailiffs, bailiffs can only come out for the queens money... not credit) CCJ’s, Bankruptcy or carry on collections.

I bet that take the last one. J

If for some reason they do go down the steps of Bankruptcy (very very slim chance by the way) then offer them a £1 a month. By LAW if you admit to the debt and are willing to make payment, then they can’t take any other action against you.

They can say however, they are not willing to except that... TUFF, By law they have to. J

I have some mates that work for Judge and Priesley. They love work from us as all they do is send a legal letter and it scares people into paying.

Always remember we were trained with the concept that Bulls@#t baffles.

If you don’t understand the credit law. The negotiators can tell you want they want because you don’t understand the laws and scare you into paying.

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tezzaa61

tezzaa61

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Posted
Hi Tezzaa61

 

as you can see from my name. im probably the best person who can help you here.

First of all I agree with the links below. First of all see if its stat barred (6 years old from the default date) if it is, they can’t do squat all.

If its not. Still don’t worry. The letter you have says we ‘MAY’ take one of the follow actions.

Along the lines of, field agents (these are not bailiffs, bailiffs can only come out for the queens money... not credit) CCJ’s, Bankruptcy or carry on collections.

I bet that take the last one. J

If for some reason they do go down the steps of Bankruptcy (very very slim chance by the way) then offer them a £1 a month. By LAW if you admit to the debt and are willing to make payment, then they can’t take any other action against you.

They can say however, they are not willing to except that... TUFF, By law they have to. J

I have some mates that work for Judge and Priesley. They love work from us as all they do is send a legal letter and it scares people into paying.

Always remember we were trained with the concept that Bulls@#t baffles.

If you don’t understand the credit law. The negotiators can tell you want they want because you don’t understand the laws and scare you into paying.

 

Hi,

 

Thanks for your reply. What I have received is what appears to be a Claim Form from NCC, it has the court stamp on it and some official looking crest at the top, so to me it looks like it has come from the court or has at least been stamped by the court, if I had a scanner I'd post a pic.

 

Can you advise what to do , if this is from the court

 

Thanks

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Lookiking in as requested.

 

There should be more than just

a claim form, other documents

and guidance on filling them in

should be there.

Can you type up a suitably edited

copy of the Particulars of Claim??

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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tezzaa61

tezzaa61

Posted
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Posted
Lookiking in as requested.

 

There should be more than just

a claim form, other documents

and guidance on filling them in

should be there.

Can you type up a suitably edited

copy of the Particulars of Claim??

 

Thanks for taking another look :-)

 

Yes there is a Claim Form and a Response Pack comprising: Admission Form/Defence Form and Acknowledgement Of Service

 

Amount Claimed 7032.51

Court Fee 190.00

Solicitor Fee 100.00

Total 7322.51

 

I'll try and get the original CCA scanned and posted as you earlier suggested. If the CCA is enforceable, what would my options now

be, I read somewhere that I can offer to pay £1 per month and they are required to accept that, is that true?

 

Thanks for all your help so far

 

T

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

All seems compliant to me, others may have opinions.

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 weeks later...
tezzaa61

tezzaa61

Posted
  • Author
Posted

Had a call from a Solicitor at J & P, they wanted some clarification regarding my I & E, plus proof of benefits as well as wanting to know what equity I had in the house. They had a lot of info about me that Aktiv had provided them with.

 

I know if is best not to speak on the phone with them, but I was holding out a hope they might have been ringing to say they had accepted my proposal to pay them £1 per month. I told them the current value of my house, but that info they could have got any way.

 

The solicitor is going to get back to Aktiv with the info on my circumstances I provided them with. So I am just waiting to hear back from them.

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Hi, tezza,

 

Very unusual for J&P to phone anyone I have dealt with them

quite a few times on the behalf of others and phone contact

with them is a nightmare,

I think you are right to just wait and see what they come

up with.

 

I think you should take this to mediation if they don't respond

favourably now.

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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tezzaa61

tezzaa61

Posted
  • Author
Posted
Hi, tezza,

 

Very unusual for J&P to phone anyone I have dealt with them

quite a few times on the behalf of others and phone contact

with them is a nightmare,

I think you are right to just wait and see what they come

up with.

 

I think you should take this to mediation if they don't respond

favourably now.

 

Hi thanks for the reply. When you say take to mediation do you mean go to someone like CAB? They filled out the form for me that I sent to the court, but I signed it. So J&P would have thought the form was send by me direct.

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Jam_Buttie

Jam_Buttie

Posted
Posted
I have some mates that work for Judge and Priesley. They love work from us as all they do is send a legal letter and it scares people into paying.

 

 

US? I assume you still work for AK... Alos, a post entry of 1 too LOL

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BRIGADIER2JCS

BRIGADIER2JCS

Posted
Posted

Yes it's the best way, you are contacted by the mediator and are told how it all works,

then an appointment is made for the DCA and you to negotiate, the mediator will put

forward the creditors claim in simple terms you the have the oppotunity to put your case

forward offer of payment/how long etc which the mediator passes to the creditor and so

on until a conclusion is reached.

If you reach an agreement the a consent order is made by the court and thence a Tomlin

order which is legally binding on both parties.

The Mediator is NOT a judge or a lawyer cannot cannot give legal advice but Wlll explain

porcedures to you.

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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