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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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    • 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.
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      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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CCJ issued by Capquest


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hi there

Long story short

Husbands company failed due to fraudulent partner - he was a director so ended up being massively in debt

 

we have slowly worked our way through trying to clear up the mess - we still owe money but both credit files were looking much healthier - until yesterday when I checked his to see a CCJ for £399 from last month - issued by capquest regarding an old company mobile from orange

 

We received no paperwork regarding this -

and in August this year I had written to capquest to ask for a full and final hoping to clear it fully

They replied that they had no record of it

so I contacted Experian to have a notice of correction put against the entry on hubbys credit file

which they did

and lo and behold now we have a ccj!

 

Typically I cant find the letter they sent me to say they have no record - only the emails to and from Experian asking for a NOC

I phoned the court but as it is 6 wks old it cannot be removed although the clerk did say to try to have it removed as it wasn't sent to the correct address

I phoned capquest and spoke to a mini hitler who refused to be of any help atall until I paid some of the amount outstanding

 

so where does all that leave us............

Is it worth applying to court to try and get ccj removed?

It will be paid in a couple of months so then should read satisfied but that wont be of any help to us when we try to find a mortgage will it?

Have I a leg to stand on as they it sent to wrong address ?

 

sorry if this is all a bit muddled but Im in shock - all the hard work done to clear up our credit files seems to have been for nothing!!

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Don't worry, I'm sure someone will be along soon enough to sort things out for you. They are brilliant on here and are also helping me out with my daughter's Capquest nightmare. Good luck.

Lloyds TSB claim £1896.27

Need to send DPA to Barclaycard and Barclays Bank

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Have CapQuest always been aware of your address?

 

Have you moved recently?

 

If you get the judgements set aside that will put the claim back to the starting point and you will be given the opportunity of defending the claim.

 

What would your defence be?

 

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