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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.

      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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    • 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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safeloans want intrest after 60days


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Yes, ring up the Court and ask.

 

There is a way to search for Judgement against yourself online, but unfortunately it ain't free: http://www.trustonline.org.uk/search-yourself

so probably easier for now to just try to get some evidence of it from Safeloans or trying the Court over the phone.

 

If there really was a default Judgement you could ask to have it set aside: http://www.trustonline.org.uk/understand-judgments-fines/set-aside-a-judgment

 

If i click on thT link an pay will it show then If i have any ccjs

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yes, if there genuinely was a ccj it would show there, but why pay to have the information now if you can get it for free on Monday?

Of course its your choice, but just saying, might as well phone the Court on monday and ask.

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I would do the following:

 

Email Safeloans asking for which Court it was and a Case / Reference number from the Court.

Phone the Court and ask to check if the Case really exists and if there was a judgement.

 

Then depending on the outcome:

 

If there was no Judgement:

Fire off a full complaint to FOS, OFT, Trading Standards as well as the Press, especially with the last one, "accidentally" put safeloans in the cc.

Also inform the Court that Safeloans falsely claimed the Court would have made a Judgement when it fact they haven't, the Court might be able to take some serious action against Safeloans as well.

 

If there was indeed a Judgement:

Ask for the judgement to be set aside as you never had the chance to defend yourself.

If its set aside that would effectively force Safeloans to make a new claim through the court, where then obviously you could defend.

 

Here is what the letter you should have received from the Court should look like:

http://i45.tinypic.com/2n9xpaf.jpg

Edited by Nao
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I would do the following:

 

Email Safeloans asking for which Court it was and a Case / Reference number from the Court.

Phone the Court and ask to check if the Case really exists and if there was a judgement.

 

Then depending on the outcome:

 

If there was no Judgement:

Fire off a full complaint to FOS, OFT, Trading Standards as well as the Press, especially with the last one, "accidentally" put safeloans in the cc.

Also inform the Court that Safeloans falsely claimed the Court would have made a Judgement when it fact they haven't, the Court might be able to take some serious action against Safeloans as well.

 

If there was indeed a Judgement:

Ask for the judgement to be set aside as you never had the chance to defend yourself.

If its set aside that would effectively force Safeloans to make a new claim through the court, where then obviously you could defend.

 

Here is what the letter you should have received from the Court should look like:

http://i45.tinypic.com/2n9xpaf.jpg

NO DEFO had Nothing like that, only thoese emails last few days ive posted on here.

Are they sayin ive had that form and not sent it Back??

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That's pretty much what they are saying, if the Court would have sent out such a form and you would not have replied within the deadline then the Court would have automatically found in favour of the claimant (safeeloans), which would be known as judgement by default.

 

If you would have received the paper from the Court and replied there would have been several options:

Acknowledge the debt and submit a payment plan.

Dispute debt in full or part (which would then lead to a meeting in court, failure to turn up could also lead to a judgement by default)

Counter claim, not really applicable here.

 

Just asking, did you move to a different address since the time you took out the loan? if you did it might be the case that the Court sent the paperwork to the old address.

 

But as I said in an earlier post, the timeline doesn't really add up for it having been through Court.

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Hi

rung the court today there was a form sent out to me in april the court said(never got) but at this present time theres no judgment been obtained, they asked If i wanted a defence form which there sending me but Nothing has been requested they said just that form they sent in april, What do i do now fill it in once recieved (defence form)

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So does that mean they made out they won in court

The letter was dated the 8/10/12 I got the letter that they emailed today, saying judgement requested pay within 14days or they will take action but I've had a email sayin judgement obtained, I'm confused lol

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What they wrote to you on 8th October is essentially saying they will submit the paperwork to the Court, but as you found out today when you phoned the Court, they had done so back in April.

What they wrote on 12th October is where they falsely claim they would have obtained a Judgement, plus you would have failed to adhere tot he payment plan agreed by the the Court.

 

From a legal point of view what they wrote on the 12th is much worse, regardless of which one is worse I would suggest getting both emails to the OFT, Trading Standards, Watchdog and so on.

 

As for the defence, we will just have to wait and see until you get the paperwork from the Court to see what exactly Safeloan claims.

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yep, thats the one we will have to wait for now.

 

although it seems kind or strange that the Court just did nothing for 6 month, but then Uk Courts are notorious for being a bit slow due to too much work.

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Yeh they said there's a charge for the form coz ones been sent out aleady, but there sending that other one, but there known for this they said but nothings been requested or obtained so need to get this form sent back asap

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t is essential that you contact us IMMEDIATELY, you are now in breach of the terms of your Loan Agreement, It may be that your debit card details have changed, or that there were insufficient funds in your bank, or that personal circumstances made payment impossible yesterday. Whatever the reason, you need to ensure that your payment is made today without any further delay.

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Depends on how much Safeloans is claiming, is it an amount you agree with or are they trying to claim charges and interest through the Court as well?

 

There should be 3 options,

accept liability for the debt and pay in full (which would give you 28 days to pay)

accept liability for the debt and submit a payment plan proposal

dispute, can be used to either dispute part or the whole debt.

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Ok, total you would have to pay back in theory on a 30 day loan with safeloans on a £200 loan would be,

 

£200 amount borrowed

£60 interest

Initial default fee, which has to be fair, there isn't really any hard number for that, but with Credit Cards its £12, so we can just use that as its not really relevant in the bigger picture.

 

The total would be £272, you paid £380, so they get £108 more than what they should have gotten and the debt should be considered settled, I'll try what I can come up with for a defence to submit.

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