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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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      BankFodder

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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
      • 161 replies
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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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Statutory Demand HELP!!!

sillygirl1234

By sillygirl1234
in Debt Collection Agencies

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unclebulgaria67

unclebulgaria67

Posted
Posted
Its B W legal not dw. He is putting it all in writing. He is sending me a standing order mandate and an income and expenditure form for me to fill in. Do I still contest this then? And what happens if I dont?

 

Sorry for all questions but I really appreciate the help Ive had so far.

 

Wait for the letter and post back. They have not served the SD yet and they might not. The debt is fairly recent, so making token payment based on affordability, is not a bad idea and make sure it is a standard order you arrange, NOT a DD. If they do serve a SD, then get it set aside, as that will stop them proceeding with a bankruptcy petition in future, if there was a payment muck up e.g your bank could not pay the standing order.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your thread please PM me a link to your thread

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BASFORDLAD2

BASFORDLAD2

Posted
Posted

By having the STAT Demand hanging over you they could potentially petition for bankruptcy at anytime

 

You have fallen hook line and sinker for them. So you need to apply ASAP to get it set aside, other people on here can help you with that. You will seriously regret leaving it and believing them, i have had many years of experience of dealing with the likes of lowells, robersway etc etc

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sillygirl1234

sillygirl1234

Posted
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Posted
Wait for the letter and post back. They have not served the SD yet and they might not. The debt is fairly recent, so making token payment based on affordability, is not a bad idea and make sure it is a standard order you arrange, NOT a DD. If they do serve a SD, then get it set aside, as that will stop them proceeding with a bankruptcy petition in future, if there was a payment muck up e.g your bank could not pay the standing order.

 

Thanks I will wait for their letter, and see if SD arrives tuesday.

 

I will go for set aside anyway I think, but what would be my reasons to get it set aside?

 

Thanks

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DonkeyB

DonkeyB

Posted
Posted

Well, let’s see if they serve it first...

 

But what about all the excess charges on the account? Don’t agree how much you owe with this idiot – you said yourself that you’d disputed the amounts.

 

You are getting very confused and accepting a situation you maybe don’t have to.

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sillygirl1234

sillygirl1234

Posted
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yes your right im very confused. I was hoping to sort it out. Well they accepted the repayment plan and payment I made, surely thats in my favour, and If they DO serve SD, then I have "secured" The demand by agreeing to pay by installments.??

 

Also, I paniced myself into trying to sort it out. :sad:

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DonkeyB

DonkeyB

Posted
Posted

But you have agreed to an amount that you probably don’t owe, and you have no proof they even own the account! Would you pay me money if I asked for it with menaces?

 

If they still serve the SD, it merely proves they are telling you lies. And that their intention is to litigate anyway. Paying a couple of pounds might not change that – you have simply acknowledged a debt to them, unfortunately.

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renegadeimp

renegadeimp

Posted
Posted

Im concerned about the "standing order mandate" form. There is no such thing. You must follow the instructions given here as they are conning you all over the shop.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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sillygirl1234

sillygirl1234

Posted
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Sorry mine was BW legal too ..they are solicitors ..and would not of brought the debt..they are just collecting for Lowells

 

Hi Babydoll, just read your thread, how have you got on with the SD you recieved?

 

BW legal want an I and E from me too, also proof of income etc. Well they wont be getting anything, as for bank statements etc all have my husbands name on too, and due to data protection..............................................debts in my name nothing to do with him..

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babydoll0141917

babydoll0141917

Posted
Posted

Hi

 

It wasnt a SD for me but was my OH..He had already offered to pay Lowells 4 years ago at £5 a mth ..they totally ignored..Left it and left it ..then got BW legal involved..they wanted I and E ETC of OH,, I told them that there wasnt no legal requirement to give that info, unless a court judge asked for it ..peached them the law from things I have got off this great site..Set up a standing Order ..and not heard a word since ;)

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