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    • Sars request sent on 16th March and also sent a complaint separately to Studio. Have received no response. Both letters were received and signed for.  I was also told by the financial ombudsman that studio were investigating but I've also had no response to that either.  The only thing Studio have sent me is a default notice.  Any ideas of what I can do from here please 
    • Thanks Bank - I shall tweak my draft and repost. And here's today's ridiculous email from the P2G 'Claims Dept' Good Morning,  Thank you for you email. Unfortunately we would be unable to pay the amount advised in your previous email.  When you placed the order, you were asked for the value of your parcel, you stated that the value was £265.00. At this stage the booking advised that you were covered to £20.00 and to enhance this to £260.00 you could pay an extra £13.99 + VAT to fully cover your item for loss or damage during transit, you declined to fully cover your item.  Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again.  Unfortunately, we would be unable to offer you an enhanced payment on this occasion.  If I can assist further, please do let me know.  Kindest Regards Claims Team and my response Good Afternoon  Do you not understand the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘cover’ or ‘protection’ (or whatever you wish to call it) on top of the standard delivery charge, and P2G were required to pay up in full for both cases, which by then also included court costs and interest. I shall be including copies of both those judgements in the bundle I submit to the court next Wednesday 1 May, unless you settle my claim (£274.10) in full before then. Tick tock…..    
    • IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
    • I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
  • Our picks

    • 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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Hi

Last year I rather stupidly took out a log book loan from these guys whilst I was going through a rough patch. I now unfortunately am in the situation of being on benefits hopefully only short term. I have emailed them several times asking for advice on this situation to no avail.

 

During this period my car broke down and was towed to the audi garage for repairs. The bill at present is 2500 which on jsa I cant afford with a further 30 days @10 per day storage charges. The repo men came round today no court order just to repossess I told them the situation with the car and the garage is holding it pending payment.

 

When I signed for the loan the agent came round and as stated on other threads no witness was thyere to sign bar the agent so common thread here with the BoS.

 

Really where do I stand with regards to the repossession ? are the garage allowed to release the car without my consent.

 

To give you some idea its an audi A6 57 plate loan for 3000, the fault causing the breakdown was a design flaw but not acknowledged fought to get audi uk to reduce original bill of 4500 to 2500 as a gesture of goodwill (succeeded)

 

Stupid move originally but cant change the past any advice please.

 

Thanks

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Hi all

 

Gettin desperate now garage has been contacted by Easylog book and they are looking at settling the invoice to recover the car. The baliffs have contacted them but they are agents of Easylogbookloans.

 

Been in touch with garage bottom line is they are a business but could help if I have documentation to prove wrongful or incorrect documentation.

 

Bill of sale was signed by agent who called and witnessed by the same.

 

No default notice was served under s87 since last payment was due

 

On JSA informed loan company asking for advice on what do I do re repaying loan no response

 

No offer to return car as settlement.

 

want to pay dues but strugling till new job starts 03/06

 

baliffs knocked door but told situation.

 

car in garage due to mechanical breakdown not malicious damage.

 

Questions Can they reposess the car from the garage and as the loancompany are the temporary owners of the vehicle is the garage allowed to release it ?

 

Can they legally pay the garage invoice and then charge me without my consent and can they legally slap this on top of the loan amount

 

Is there anything whilst on JSA I can do to stop this bearing in mind the failure to provide a default notice, bill of sale signatures etc

 

PLEASE PLEASE CAN SOMEONE HELP I AM GOING TO NEED MY CAR WITHIN THE NEXT 2 MONTHS AND CAN AFFORD THE GARAGE FEES AFTER 3 WEEKS WORKING

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  • 2 months later...

It is very unscruperlous (I know I cant spell) for them to try and repo the car from a Garage. As I understand it and I am nowhere near 100% on this. If its secured on a BOS the repo guys can repo it from anywhere they can, this includes entering your property to do so, that being said the Garage is not your property and in doing so they would be trespassing against the Garage if they gained access. Now the S87 should be issued before any action can be taken to recover the car, it gives you 14 days to settle the outstanding amount, then they should terminate and give you 7 days to pay the account in full. Problem is if they are prepared to break the rules to get the car then your going to be landed with the legal costs of fighting it. The garage has a duty of care to look after the car while its in there possession, that includes not handing it over to a 3rd party but be warned, in siging a BOS you have signed over ownership to the loan company while the loan is outstanding so your not the legal owner

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You could try and surrender the car and full and final settlement, to do that you need to hand the key to the loan company, its upto them then to try and get the car back, problem is the garage may then take you to court for the outstanding bill, also the loan company may not let you surrender the car as its broken but you have a good chance, speak to the CCTA if the loan company is a member, also see my other post against yours - good luck

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Threads merged - please stick to one thread per case.

 

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