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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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    • 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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    • 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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Bayliff has given me until 1700 next Tues or will clamp car -TE7 downloaded - help please!


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Bailiff has called at door - TE7 to submit immediately - its Friday night and I am worried - advice please

I am completely new to posting on a forum and somewhat stressed - I shall try and be as succinct as possible and would ask for the Site's parking fine guru's to reply before Monday am.

In essence:

Thank you for reading :

 

*Nov 13 - 'free' Xmas shopping parking day announced by local borough council

As a local resident I inadvertently parked for a few mins., in an area not included.

 

*Apcoa issued penalty - £35 pay now or £70 in full

 

*... sent a £35 cheque which was returned by Apcoa in Jan (I think) saying they could not process without more details - a reference number was missing despite me returning the slip with the cheque?

 

*I did return the cheque again, with what detail I had, but by this time it was outside the time for a reduced payment. I sent a covering letter explaining the circs and that I would now consider the matter closed

 

* Apcoa Letter posted to me dated 3.6.14 rec'd asking for £77 - 11.6 I emailed them saying I had paid and sent a letter and Still considered the matter closed.

I did show my email address and they did not reply.

 

* roll forward to this week (3.9.14) It appears now that the matter was passed on and has ended up with Equita who called in person at my Tenant's house with a compliment slip (!!) in hand detailing a debt now totaling £387!!

 

* Tenan't contacted via my mother whom contacted me - I called the Bayliff IMMEDIATELY and he said only action was to call Glos C Council in the morning.

 

* GCC only refer online back to Apcoa who were useless on the phone giving me 3 numbers for Equita and the Traffic Enforcement Agency - none of the numbers worked!

 

*I found for myself the TE7 info on line and have downloaded the form.

 

On another Thread I did see some advice about not posting them and also getting the form back quickly. As its now the weekend I have no choice but to wait until Monday am.

I've gathered copies of what I have and will attach to the emailed TE7.

 

As it is Friday and time was running out I called the Bayliff back and told him I have researched using a TE7 form myself and that I want his assurance he will hold actions until I get an outcome. He has given me until 1700 on Tuesday but said if my car gets spotted it could be clamped or removed!

 

I rang the Bayliff back last night with an update - his advice was that I should have paid the fine and then argued the fine - when I explained I had paid the fine - he eventually gave me until Tue 1700 but warned me the warrant is open and I could be spotted in my car and still clamped!

 

Notable additions are: that my name has changed from the one on all their correspondence (legally via deed-poll) and that I have moved house twice in the last year.

DVLA do Now have my up-to-date details (not as a result of this action but because I noticed my Ins Broker had not updated my Car Ins Docs).

 

Thanks

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If I can just ask to clarify things - do you have a Parking Charge Notice or a Penalty Charge Notice? There is a difference in how these are or can be enforced. If possible scan and put up the ticket and/or any other documentation you have received - all best done as PDF's and remember to mask all identifiers for yourself = name, address, ticket number, reg no etc.

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Thank you for your reply - I had a PENALTY charge notice - I have scanned docs ready to email with the TE forms but haven't got them masked out to put on here yet.

If its a Penalty C N how does that affect my application?

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As long as the TE7 & TE9 are sent to TEC first thing tomorrow morning the matter will be on hold by the end of the day. I will provide more details either later today or in the morning (busy emptying packing boxes today so all over the place).

 

I have serious concerns at Apcoa's involvement in this matter at this late stage. Vey interesting indeed. More later.

 

PS: The bailiff is wrong. If you had paid APCOA it is like admitting that the PCN is due and trying to get a refund is VERY difficult indeed. Normal response from a bailiff though....

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Morning,

Thanks and good luck with the unpacking - I've just done the same - 3 times in 2 yrs in fact - not fun!

 

I thought that part of the Bayliff's 'advice' was wrong .... I have now submitted the TE7 & 9 forms along with all the evidence i could find in PDF format, and under reasons I tried to give a listed set of details asking for the court to repeal the action given that I had paid the initial charge and long thought the matter closed.

 

I am out myself now until around 20.0-2100 hrs and have a 2 week course to attend from tomorrow.This is another reason I am so concerned as I HAVE to use my car every day - there is no public transport alternative to the location - I've checked.

 

 

-

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possibly a silly question but I'll ask it anyway.

 

You say "*I did return the cheque again, with what detail I had, but by this time it was outside the time for a reduced payment. I sent a covering letter explaining the circs and that I would now consider the matter closed"

 

Did they cash the cheque and keep the payment? If so I believe that you can argue that as they have accepted your payment the matter is closed as that was a condition of you making the payment.

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Yes, they banked the cheque 7th May - I didn't quote that on the TE7 - damn!

 

In the meantime, I have only had an acknowledgement from the TEC that they have received my papers - as yet no reply/decision.

Equita's website is back up now - so I'll email them online to ensure that they are kept up to date -

not sure what else to do to be honest.

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Morning,

Thanks and good luck with the unpacking - I've just done the same - 3 times in 2 yrs in fact - not fun!

 

I thought that part of the Bailiff's 'advice' was wrong .... I have now submitted the TE7 & 9 forms along with all the evidence i could find in PDF format, and under reasons I tried to give a listed set of details asking for the court to repeal the action given that I had paid the initial charge and long thought the matter closed.

 

I am out myself now until around 20.0-2100 hrs and have a 2 week course to attend from tomorrow.This is another reason I am so concerned as I HAVE to use my car every day - there is no public transport alternative to the location - I've checked.

 

 

-

 

I could not imagine moving home 3 times in 2 years. I do NOT want to have to do this ever again and the unpacked boxes can stay in the garage for the next few weeks!!

 

You need to be careful with the TE7 and TE9 as they may well be returned to you in the next day or so because TEC normally require details of the actual DATE when payment had been made. This is necessary for them to establish whether the debt had been paid BEFORE or after the warrant had been authorised.

 

Make sure that you check your emails.

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Hi - have been checking my emails regularly and the 1700 Tue time limit given to me by the Bayliff has passed - nothing in my Inbox or post - how does one usually hear a result?

I did also email Equita online with an update, so that they cannot argue that I have ignored the Bayliff action but don't feel inclined to do more until a result is known.

I've checked the TE7/9 receipted email again but there's not any more direction about the result, just their timescales for actioning.

 

[un-packed boxes are one thing...lost boxes in transit are another...]:-x

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Today, we received two enquiries where TEC had returned the form a day later as details of when the payment had been made, to whom, and on what date had been missing on the form. In both cases the debtors had ticked the last box. If you have not had the form returned by now then it should be assumed that the matter will simply be considered by the local authority.

 

You should not expect to receive a response for approx 4 weeks.

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