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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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Statutory Demand - Help Needed Please


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Hello Everyone,

 

Could do with a bit of advice and guidance,

 

yesterday we received a statutory demand from a factoring company Ashley Finance for my husband.

 

We have a limited company and we entered into a factoring agreement in May 2011 so we could secure a large contract.

We put two invoices through and paid fees of £800 in total. We were advanced 80% of the invoice value and never received the 20%

 

We also agreed to pay £250 + VAT per month for 12 months (any invoices we put through the factoring fees would be deducted from this;

if we didn’t put anything through it would be the charge for having the facility provided.)

 

AF has never attempted to take the monthly payments, and the statements are confusing to say the least.

 

The client that we needed the factoring agreement for no longer uses us, in part due to the way they were treated by Ashley Finance, but that’s life.

 

We don’t have loads of money in the business at the moment and we are surviving week to week so paying them off is not an option,

 

but I am really worried that my husband could end up bankrupt and we will loose our home.

 

My husband signed a personal guarantee for the agreement,

and they have issued a statutory demand for £4566.58 but this amount doesn’t’ stack up to me.

 

They are claiming fees of £3500 (we agreed £3000 + VAT to be payable over twelve months)

Disbursements’ of £374 – (not sure what these are?)

Retrospective Charge £63.94

Refactoring £45.22

VAT £796.71

Interest £53.51

 

I am unsure what all the above charges are and this is the first time we have been made aware of these charges.

 

On the statement I cannot see any of the remaining 20% from the invoices that we submitted or the fees that we have paid from the invoices, it is confusing to say the least.

 

I have been advised to apply to have the demand set aside on the grounds that we are disputing the amount claimed

then contact the company to negotiate a payment plan but I am a bit unsure how to word the form as it seems quite formal.

I have already read a few threads but I am just a bit stuck, any help would be much appreciated.

 

Thanks in advance

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You need not worry too much about using legalese. Just explain why you dispute the debt, what you believe the debt should be and why you've reached that figure.

 

Be aware though that the bankruptcy limit is only £750 and there is guidance from the higher courts that, if you are disputing the debt, you should pay any undisputed part. If, however, there is at least £750 which is not disputed and not paid, secured or compounded for then a bankruptcy order can be made notwithstanding that there is a dispute per se.

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Thanks asokn

 

It's all a bit confusing, we were supposed to pay the fees over 12 mths, they have never asked or told us how to pay this so I think they are jumping the gun a bit.

 

It just all feels a bit scary

 

Thanks for your help though :-)

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