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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.

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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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Charge For Payment recieved - help!


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Hi there

 

I've only just come across this forum in the past week,

 

I had my savings account arrested & have had £872.38 taken from me for council tax arrears.

 

I missed the Charge For Payment as I wasn't around at the time.

 

I've been served another Charge For Payment for £1073.40 & was wondering what I can do to stop another arrestment being made.

 

I've read about various methods of applying for time to pay, but it's all new to me and I'm starting to panic!

 

The original arrestment was a pain,

 

but I had the money to cover it, now I don't have much!

 

I am in full time employment so I could pay in instalments.

 

The Charge is from Walker Love, acting on behalf of West Dunbartonshire Council.

 

Thanks & please help! :(

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This is not uncommon and they clearly know when your salary is paid into your account. The second Charge for Payment will relate to a seperate arrears period and therfeore it is possible they will go down this route again. Without knowing your entire ciircumstances a Time to Pay order may be worth considering, altenatively if you own property with equity a Debt Payment Programme under the terms of the Debt Arrangement Scheme (Scotland) Regulations may be worth considering (DO NOT CONFUSE WITH DEBT MANAGEMENT PROGRAMMES). In a situation like this it is wise to act quickly as there is also possible that Walker Love will serve a Wages Arrestment Schedule and take deductions from your salary.

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I don't own any property, I rent a flat & my wage usually comes out at around £1000 a month after deductions, so there's no way I can pay it outright (as much as I would like to). I really appreciate the advice, I would be lying if I said I wasn't just a tad terrified at the prospect of another arrestment, especially given the time of year.

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Hiya,

 

You can find a time to pay order in here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185249-Have-you-received-a-charge-for-payment-arrestment-summary-warrant

 

print it off and fill it out.

 

I would advised that you attach a full budget sheet with it rather than the one on the form and just mark attached over the one on the form.

 

you can use this budget sheet in the library

 

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

you must return this to the issuing court no later than 14 days from the date on the charge for payment, hand it in and get a receipt if possible if not send SD.

 

Ida x

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I owe money to HMRC for an overpayment of tax credits, but I'm already paying them back.

 

I've printed off the Time To Pay, I'll get that filled in and sent off by SD tomorrow.

 

If they don't accept my offer, what will be the likely course of action? I really can't afford another bank arrestment, to be honest I'm thankful the first one hit my savings account.

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don't worry about a bank arrestment as you are dealing with the charge for payment.

 

the court will forward you proposal to walker love they will either:

 

accept it and as long as you continue to make the payments no further action will be take

 

reject it and the court will call a hearing where a judge will decide if your offer is fair or not - this is not scary as you think :)

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if you want to look extra good start making your payment proposal when you can :razz:

 

and relax and have a wee drink you are now in control and addressing it

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So should I indicate when I intend to start making payments or wait until they get back to me? I've filled in the TTP order, pretty straight forward.

 

I just wish I'd been around to do this with the first arrestment, it wasn't the best thing to discover upon getting back from holiday/ it's caused a massive amount of stress but thankfully I could handle it financially as I didn't use the account for anything other than rainy day money. Still a pain though!

 

Thanks so much for your help, I really appreciate it. I'm quite frankly terrified of all of this.

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Ida, I had no idea you could do this. I started full time work last year after being unemployed for a while. My council tax arrears were being taken from my benefit and when my benefits stopped I contacted Walker Love to propose an additional £25 per month on top of my full council tax payment. The did not get back to me...I put it in writing....and just went straight for arrestment. I didn't know it at the time but I have quite a serious medical condition and had to give up work. They went for arrestment on my last salary but as I had been paid in arrears for sick pay there was no salary and they got nothing. I contacted them and advised them of my illness and suggested they now take it from my benefits again. I knew nothing about the wages arrestment so how do you find out about it? By the time they got in touch with me they had already put in the wages arrestment and my employer told me they had to act on it. If this ever happens again what is the procedure that Sheriff Officers have to take before they can go for arrestment? I think Walker Love appear to be a law unto themselves. Thanks for this info. x

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Toys,

 

There is nowhere to indicate that you are going to Uniate payment but start making the payment you have proposed so i walker reject it you can show the court you are willing to pay it and keep paying it., don't bother contqctingn walker as the court process will continue anyway .

 

Gemspan.

I am going to make a stickie for the process in details in next few days x

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Okay, I rang them this morning to propose paying back £100 a month starting tomorrow & they assured me it won't go any further. They said they'll send the agreement out in writing, but said not to worry about the charge for payment. Is this right? It seems like it went a little too smoothly & I don't really trust them.

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No, if you do not respond to the court then walker love can slap you with a bank arrestment or wages arrestment at any time.

 

You must repsond to it.

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no need but just make sure it is a payment you can comfortable afford

 

here is the table they use for wages arrestments

 

http://www.legislation.gov.uk/ssi/2009/395/schedule/made

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