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    • Hello, I'm not sure if anything can be done, but Advantis Credit has called my office (I am the MD) and left a pre-recorded voicemail stating they are trying to get hold of me and that they are a debt collector. The problem is that this voicemail was sent as an email to all users' Outlook emails, so my entire workforce now believes that I am in debt and owe money to a DCA. Is there something within FCA regulations that prohibits any act that could be considered "embarrassing"? I have called Advantis, given them the landline they called, and stated that the call was not for me; however, they still had my name. Can I do anything to ensure that this doesn't happen again? Thanks, Scott
    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I'm afraid we don't delete material from this website. It is an important information basis which helps people who post questions or who come in any way to understand their own positions in respect of commercial bullies. You're welcome to come back to us any time and we are happy to help you. However you should certainly take this away with you: the right to reject whether 30 days or six months is predicated on the manifestation of defects. The defects don't have to be serious but there must be defects. So far you have not identified any defects. However you seem to be pretty clear that the vehicle is not as described and I would say that this probably amounts to a fundamental breach which allows you to insist that the contract is cancelled and everything is reset to 0. I would say that this is good argument for declining to pay some mileage – particularly if you can show that you have reacted fairly quickly. Don't expect big motoring world to be helpful. They don't understand these the subtleties and anyway, they are not your friend. Get an MOT. Read our used car guide – and especially go to the little video and you will understand more about your position. Get an MOT. If you are lucky then it will fail and this will then give you the right to reject under the consumer rights act. It doesn't put you any particular advantage over the "not as described" basis – but at least big motoring world will understand that because this is something that they are dealing with hundreds of times every month. You have indicated that if the car was properly sorted out then you would accept it. This is properly a mistake. I don't know if you have come over from Facebook – but go to the Facebook complaints group – and he was seen understand why you are better getting away from this company. This doesn't mean that all the rest a better – but this company is certainly unhelpful. Of course there will be people – probably lots of people you have had very satisfactory experiences but it seems to be a pattern that one things go wrong, then these people will raise obstacles and make your life difficult and eventually fatigue you. If you go to solicitors, then be prepared to pay their rate which could be £300 an hour. Don't expect to get their money back. It eventually you have to take big motoring world to court – on the basis of what you say you will win – but you will get some of your costs returned and not all your legal costs. And of course if you do go to solicitors then you will save money by doing more of the work yourself and leaving less for them. We can help you do that if you want to stay the distance. And of course you will take this harshly – if you'd exercise the same level of caution when buying this vehicle – doing research et cetera and checking carefully what you had bought, that you appear to be exercising on this forum with your reluctance to disclose details – then you would be in this situation that you find yourself in. Come back here if you want any help. We don't muck around and you have to fall into line with the way we do things. Regards
    • @tobyjugg2 If you go back through this thread, there was speculation towards end of April that Sunak was looking at GE for end of June or early July. And that the GE would be announced after end of May Bank Holiday. I think many connected  to Tory party will have known about possible plans for a July election. My local Tory party had election leaflets through doors a few days after the PM's announcement. So this indicates that they were ready. There were articles in newspapers including The Guardian saying they had heard about July election. And you linked to a online article months ago saying Tories would lose to a Labour landslide where polls at the time were quite simular to current polls. So the polling has not changed as the mood of the country has not changed.  Some think Sunak will be first PM to lose their own seat.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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Trying to recover uninsured losses after 50/50 liability settlement


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I was involved in an RTA with another vehicle August 2012. I was insured fully comprehensive but this policy only provided for third party claims cover for the trailer and its contents which I was towing at the time of the accident. The trailer and contents were not otherwise insured (foolish me). The trailer and its contents were substantially damaged with repair costs estimated in the region of £5-10K.

 

My towing vehicle has been repaired under my insurance with my insurer recommending settling liability at 50/50 between myself and the other party. There were no witnesses. I rejected this proposal (trailer was hit in the rear after a lane change) because I believed it would jeopardise my chances of a successful claim for my uninsured losses. 6 months on after lengthy correspondence and an independent accident investigation arranged by my insurer, their recommendation remains the same, accept 50/50 liability.

 

Since to take this further would involve the courts and, despite my protestations the accident was entirely the other driver's fault, I'm pretty sure there will be some detail in all the papers and statements that will indicate my driving was less than 100% perfect (whose is?) and we will be back to 50/50. So, as far as trying to keep a clean accident claims record, its probably time to give up and accept the insurer recommendation.

 

But, and having set the scene, there is still the damage to my trailer and contents to consider. Now, since both parties insurer's seem set on a 50/50 allocation of liability, how does that sit with my being able to claim for 50% of my insured losses? And who do I take on - third parties insurer, third party through small claims, court, both?

 

So far, and since I have expected throughout that the other party insurer would eventually accept liability, I haven't pursued the issue of uninsured losses other than to write to both third party and his insurer on the day after the accident that I held them liable.

 

Any advice in this regard would be really appreciated as would any need I have for legal advice and my chances of success. I'm going to end up out of pocket regardless, but getting back half of that loss would be something.

 

Also any thoughts on how I might have handled he whole thing better. I'm 7 months on, its been a lot of aggravation, and I still have a damaged trailer and its contents sat here doing nothing.

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Gannymede,

 

Summary of statement made to insurance company less specifics that would identify those involved.

 

19:45 – 20:00 Dark.

 

Travelling northbound on dual carriageway looking for right turn while travelling at 60mph.

 

Observed sign and checked to see if able to make right turn but unable to turn immediately as another vehicle was coming up on the RHS at high speed. Continued to approach start of central reservation slip road while still travelling in nearside lane slowing all the time to allow vehicle on RHS to complete overtaking manoeuvre.

 

RHS now clear so checked mirror, indicated and moved across right hand lane into central reservation slip road. Now travelling at estimated 30-40 mph and saw lights bright and close behind in mirrors My vehicle had attained the slip lane but the trailer was still in the overtaking lane. Felt heavy impact from rear and continued into slip lane with intention of moving vehicle and trailer to safe place prior to stopping. Passenger reported trailer had detached from towing vehicle. Returned to central reservation on foot and observed other vehicle with drivers door open, airbags deployed and damage to front RHS corner.

 

 

Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

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Regards claiming from TPI are there time limits and are they likely to take any notice of my claim?

 

Thanks for your interest.

 

Your claim is against the other party and should be directed to them. Once the insurers have acknowledged they cover the t/p then your claim is against both.

 

Make sure you have any estimates or prices to put you back in the same position as you were in before the accident.

 

Your claim should be for the full amount unless you have already agreed with the t/p or insurers to accept a percentage.

 

Insurers like slight disputes and 50/50 settlements then both parties NCD are reduced (win win for insurers).

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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