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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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.

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

wonga disregarding letter re. circumstances and payment plan offer

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renegadeimp

renegadeimp

Posted
Posted

They say it has been closed. Not wiped. You need more clarification.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ninja1337

Ninja1337

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Well, below what has been pasted in here it also says the following:

 

"If you are in a position of Bankruptcy, you have entered into an Individual Voluntary Arrangement (IVA) or your debt is being managed through a Debt Management Company, you'll need to inform the person managing your debt that you no longer owe this money."

 

So I assume this means it is actually cleared.

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renegadeimp

renegadeimp

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Nope. The wording is still vague enough to allow them to sell it on.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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jamezon

jamezon

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Nope. The wording is still vague enough to allow them to sell it on.

renegadeimp you are even more negative than me! It says in bold letters "you do not need to make any further payments". That's about as slam dunk as it gets if they ever tried to reopen the issue, they are not going to write it in blood! The fact they talk about refunding further payments made to the account further reinforces they debt is settled, not somehow 'deactivated'. Shall report back what change if any is reflected on my credit file when I can.

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Conniff

Conniff

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"you do not need to make any further payments"

You do not have to make any further payments to who?

 

 

There is no assurance in the letter that any remaining or outstanding balance will not be sold on to a debt collection agency unless they actually say they wont. If they do then the new owner won't be bound by anything said you by the original creditor.

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renegadeimp

renegadeimp

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renegadeimp you are even more negative than me! It says in bold letters "you do not need to make any further payments". That's about as slam dunk as it gets if they ever tried to reopen the issue, they are not going to write it in blood! The fact they talk about refunding further payments made to the account further reinforces they debt is settled, not somehow 'deactivated'. Shall report back what change if any is reflected on my credit file when I can.

 

I speak from experience with advice here and from multiple PDL's. Trust me when i say, when it comes to PDL's, you need SPECIFIC clarification and not general.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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jamezon

jamezon

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I speak from experience with advice here and from multiple PDL's. Trust me when i say, when it comes to PDL's, you need SPECIFIC clarification and not general.
If, for talking's sake, my credit file is marked as settled, could they STILL (or their agents) pursue the debt? I am still in the timeframe to allow a FOS complaint re. My original complaint. Can/should I specifically request Wonga confirm a)the value of the debt, b)the account number and c)that it is formally settled? I'm not overly concerned it would come back to haunt me but may well be naive!
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renegadeimp

renegadeimp

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Unless they state a specific terms such as " The debt will be considered written off. Any remainder owed will not be passed or sold to a third party", then yes, it is still possible for them to sell it on. In regards to your credit file, i would demand they remove ALL trace of the debt from your file. Just having a PDL entry there is detrimental to your credit history as it shows you were struggling for money and had to resort to a PDL.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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jamezon

jamezon

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Why am I not surprised? Pursued Wonga to clarify their broad 'account closed' email and lo and behold they start pestering me by phone. Ignored, recently got an email saying "clearly" the best way forward is to call them. I think not... Asked basic questions, I don't need a chit-chat, just basic responses.

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