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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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Thomas higgins partnership chasing Business Debt


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Hi Caggers

Could you assist me with a problem.

Yesterday I received a letter from the above company demanding I pay in full £164.00 within 7 days other wise I will commence legal proceedings for the principal sum,, and court costs.

Will they take me small claims court i.e I have to physically attend?

I have approached the company I owe to pay via instalments but they have refused.

I am unable to walk at present due to compressed nerve in lower back so attending court would be out of the question.

Any help appreciated. Thank you.

 

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The Thomas Higgins Partnership are a company that small business' use when they have an outstanding debt.

They write LBA's for the business for a fee,

and if so required they do instigate small claims court proceedings.

If court proceedings are instigated,

then you do not have to attend,

but you will receive judgement against you whether you owe the money or not.

Once you have a judgement against you,

you then have the option of applying to the court to be able to pay in instalments.

You will have to fill out an income and expenditure form,

and the judge will then decide how much you must pay each month.

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whats the debt all about THP are pretty toothless dca really.

'they' cant do court without the companies permission.

and I doubt that

how old

and

how MUCH is the debt

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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TH are a huge player in the debt recovery and enforcement market.

 

And whilst this particular debt is under £600, it's worth noting that TH are the largest provider of writs to the High Court enforcement industry.

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In a word, yes.

If they issue a claim (I'm not sure they will given that they know you can't afford to pay in one go and their Client will incur the initial costs) then the response pack to the Claim will facilitate this.

When a Claim Form is received it should contain several forms N9A, B, C & D. (if it doesn't have these you can download them from the MOJ website for free)

You can admit the whole claim, admit part and defend some of the claim, or defend the whole claim. If you admit any part of the Claim the N9A has spaces for you to put your income/expenditure details and propose an offer of repayment to the Claimant.

Remember only do that if you're admitting you owe the money. If you don't owe the money look into defending the claim. Either way you have to respond to the claim form one way another other in the specified time or they will just get Default Judgment against you.

But I think maybe you're getting ahead of yourself as the claim hasn't been issued. If Thomas Higgins are ignoring your instalment offer have you considered putting it to the creditor directly?

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you need to tell us all about this debt please

its pointless trying to help without the background.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX.

By the fact I mentioned in my previous post I had offered to pay by instalments and this was refused, I am admitting I owe the debt.

I really do not want to expand on as to who I owe this money to as this would not add to the query.

The debt is only seven months old.

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pers I'd get on and pay the debt how/when you want.

that way for only £160ish they can really complain.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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