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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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Series 2 - The Sheriffs are Coming


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you all appear to be dead against these high court sheriffs

but what about us who actually need their help in recovering ccj judgement debts owed to us!!

 

if it wasnt for the likes of the marston group helping us in a dead end situation for the last 18 months we would never have been paid.

 

maybe tactics are underhand but if thats the only way to make these debtors pay up then so be it.

 

if you dont owe the debt then you have nothing to fear but in our case we were owed money

and are now getting paid what is due by using high court sherriffs and will use again if ever necessary.

 

Money owed to you and you wishing to collect it is understandable.. I was owed money and wanted my due's, fortunately I was owed by a 'reputable' company who had enough assets to have written off the amount owed to me to toilet paper expenditure.

 

IMHO most people here on cag never deny their debts and it is clearly the case that majority would get great comfort from being in a position to pay them.

 

Mr Average... had a steady job that paid enough for his family to get by comfortably and meet his commitments , possibly even a bit left over at the end of the month to put toward a family holiday.

 

His crystal ball broke and he did not see he was going to become seriously disabled with little to no prospect of ever being able to return to work... his wife is then made redundant with no prospect of future employment.. dependant on state benefits for basic survival his debts fall by the wayside with no means to pay you....

 

All he has available to him is £5 left over at the end of the month.....lets assume he owed you £1500 for rent to a property you own...you would have sought to evict him, he moved out leaving that rent unpaid. question ....would you have accepted his offer of payment to the debt at £5 per month ....knowing it would take 25yrs to recoup your losses?

 

So....you know his circumstances and want your money regardless...fair comment I say, thats your right..... you decide to send in the heavies...they arrive with a Writ of Fi Fa that commands them to sieze goods to sell at auction to satisfy the debt to you and all the costs involved in the seizure of those goods...their fees double /triple the amount now owed,

 

 

It is a fact you cannot get blood out of a stone and now the debt is £3-£4K the debtor has no option .(if they have found cag to get the right advice)...but to apply to stay execution of writ as they have no means of paying the HCEO's Fees let alone the debt...On provision of a fact sheet (income and expenditure) they apply to vary the payment to an amount seen to be affordable to them, they offer the Court the £5 a month you wouldn't give consideration to..the Court advise you that is the offer..you refuse it...the court agree it....so the HCEO gets the £5 a month and they take their fees first in apportion and you get the dregs.....over the next 50 years?? where's the logic to that please??? for surely other the satisfaction and gratification to having 'won' the battle but lost the war....you will never get any benefit from it all, as your £1500 will be worthless 50 years hence??????

 

WD

Edited by wonkeydonkey
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Whilst I appreciate wonkeydonkey and brassneckeds understandable stance on this forum, my experience shows that most debtors faced with the enforcement of a judgment are not the vulnerable people you quote.

 

I believe it is also incorrect that it is "big companies, councils and government departments that are often the worse payers" that send small businesses to their demise. My experience shows is that it is often rogue traders and, well, crooks that won't pay for the goods or services they receive, often trying to hide behind a myriad of excuses and companies.

 

Yes, of course the vulnerable need to be protected and despite WDs comments about the £5 per week scenario this is something that rarely occurs. Cases like that are passed back to the creditor as the costs in managing that kind of arrangement outweigh the value to the HCEO.

 

It cannot be dismissed that a high proportion of the posts on cag are exactly in line with the scenario I outlined and I trust you will agee that removes them from the category of being a 'rarity' I can direct you at this very moment in time to two such cases that replicate that scenario, but until the people concerned obtained a stay of execution to the writ and a variation order to get affordable payments in place, they were pursued relentlessly by HCEO's for payments far beyond their dreams let alone their means.

 

Terrified at the prospect the burly individuals sporting the 'Im ard' haircuts intending to remove what little they did own to satisfy that debt of £450, now seen at £1,200 with the added fees, they actually crawled around the house on hands and knees so as not to be seen and sat in the dark for over a week.

 

WD

Edited by wonkeydonkey
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well said - i agree - the person that owed us money is a well known rogue and has a string of people chasing up bad debt owed by him, if it wasnt for the service of the HCEO we would have had no chance at all of ever getting the ccj paid and even now its only in dribs and drabs but better than nothing.

 

These are not the people who normally turn to cag for advice ...they are the people who know exactly how to play the game and often create themselves a comfortable lifestyle on the back of it.....but please do not confuse them with caggers in dire straights.

 

WD

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I can't comment for Shergroup but my own experience is that I treat vulnerability very seriously. It needs to be treated seriously not only for the actual issues faced by the debtor but the reputation of any HCEO business can be quickly tarnished. You've only got to look at the reports raised in the Coventry Telegraph to realise that if you have some idiot working for you ignoring these policies the it is your company (and the industry as a whole) that suffer. Further, many vulnerable debtors do not have the assets or money so why risk your own job, your companies reputation for pennies. It shouldn't be tolerated and it MUSTN'T be tolerated.

 

Excellent replyyo.gif ..............I will push my luck and ask the obvious, why do these people put themselves, the company they work for and the industry in the spotlight?

 

WD

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