Jump to content


  • Tweets

  • Posts

  • 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
        • Like
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3575 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all!

 

Long story short,

 

 

I got into a bit of a mess 18-24 months ago and through my own daft fault

failed to pay a number of PCNs issued for parking too long at work/home (my area operates a time clock system).

 

 

1 of these went to TEC and

Jacobs were instructed (pre April 2014, in May 2013).

 

 

After a couple of visits and notices through the letterbox I heard nothing more from Jacobs

and as far as I understand the Warrant for Northampton expired start of April 14.

 

I had 9 others which I managed to set up a payment plan with the council for and was paying off monthly.

 

 

However in March / April after a period of financial hardship (like literally not having enough food to always eat daily)

I had difficulty paying my payment plan.

 

 

I did get it reinstated in May time and made 3 further payments which meant I had fully paid 7 of these 9.

 

 

In July and August with school holidays (I have a son)

and the extra costs this always brings

+ school uniform costs plus various other financial issues (feel like its a vicous spiral I'm trapped in)

I fell behind again.

 

 

This time I did not get the 'you've fallen behind' letter and

I had anticipated making my next instalment on 17th Sept when I get paid my tax credits.

 

 

However I came home on Friday to 3 Notice of Enforcements

(2 for the outstanding PCNs on my arrangement and a further one for a parking violation at the end of 2013).

 

I immediately wrote to the Council profusely apologising (I realise this will do absolutely naff all but thought it was worth a try)

anf then set about panicking like mad.

 

 

Having done my research online I see the rules re bailiffs have changed in April 2014 with new regs so I have 1 main question:

 

Are they still not allowed to force entry in your absence? or can they come in to 'Take Control' regardless?

 

Absolutely stressing as am out all day at work and my teenager gets in before I do

and although he isn't allowed to open the door when Im not in I'm terrified they'll come and break in or whatever whilst I'm at work.

 

Secondly,

I absolutely will arrange to pay these amounts owed but can only do so at smaller amounts

and although I will write to Marstons to make a payment offer I expect this to be rejected as too low.

 

 

The notice suggests I have until 15.9.14 to arrange to pay but everything I have read suggests that the notice is a 7 day thing

(they're dated 1.9.14) so thats 14 days?

 

I'm sorry for the questions but I'm still operating in a barely contained state of panic

and I'm so frightened that they'll come and get in by force and I (or my boy) will come home to all our / his things taken...

.. that would simply break my heart.

 

 

And yes I know its all my own fault and I take full blame for being rubbish with finances

and money but I do want to resolve this.

 

Help please :'(

Link to post
Share on other sites

What I am about to say may seem harsh but I'm trying to see it from the Council's point of view but is meant as no criticism of your self.

 

The chances are the Council look upon you as a persistent "offender" and you have more than once broken an agreement to pay. Therefore sending the Bailiff does sound like an option they must take to recoup their "losses". Marstons do appear to have complied correctly with the Notice of Enforcement as they have allowed 14 calendars for it. For this you will have been charged an extra £75 & probably this has been incurred 3 times (which is allowable). However if you don't contact them to arrange payment before the date given you will then incur an Enforcement Fee of £235, so as you see this will have increased your debt considerably.

 

I doubt very much the Council will negotiate with you now because of your past broken agreements. However there is nothing stopping you contacting your local Councillor(s) who could broker an agreement the Council may accept via Marstons.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Hi there,

 

Thanks for your reply. I am well aware that my problem is of my own making and all totally my own fault but when money is so short you can't afford the original £25 fine then it jujst feels like a mountain has dropped on your head when it escalates.

 

I work hard for a low wage and whilst I appreciate I may be a 'repeat offender' I have not wilfully not paid and I do wnat to sort it out genuinely... which I was well on the way to doing before I had financial issues and missed my instalments. I will send a letter to the bailiffs tomorrow and then I'll have to see if I can beg borrow and steal if necessary.

 

But in the the interim please could someone confirm whether or not Marstions can force entry, particularly in my absence? I really am truly terrified that I'll return to discover everything gone. And yes I know I've noone to blame but myself, but this doesn't stop the horror and upset being caused. :(

 

Thanks,

Rosie x

Link to post
Share on other sites

Rosie,

 

Firstly, there is NO way that Marston (or any other company) can force entry.

 

It is difficult to provide a suitable reply without knowing a bit more information.

 

Firstly, it is important to find out whether the amount that you have been charged so far is correct (for the 7 PCN's) that you have cleared and whether the amount being demanded now is right or not. With the two new ones I am concerned to find out whether or not the correct fees are being charged given that the debts were ones that some form of enforcement had been taken BEFORE 6th April when the new regulations took effect.

 

Can you post back with the fees that have been charged for the paid PCN's and the amount requested for the 2 newer ones.

 

Also, do you still have a car and if so, roughly how much is it worth. (If over £1,500 please dont put the figure on the forum but just say 'over £1,500' (by the way we are looking at 'auction value' ).

 

PS: Do you know when the warrants had been issued for the PCN's that you have received letters for.

Link to post
Share on other sites

Ok so the 9 in the arrangement (the 7 I cleared and the 2 now with Marstons) had escalated to £75 +£7 court fee so £82. This was then discounted to £56 per ticket.

 

The fees on the Enforcement Notice from Marstons are being charged are £82 +£75 compliance fee totalling £157 each.

 

Yes I have a car (only way of getting to and from work) but its older than the hills and literally worth peanuts... auction value about £2.50 probably..!

 

I'm not sure when the warrants were issued.... the notice doesn't say. Just the date of the notuce and further down the date of the contravention.

 

Thanks TomTubby... you've helped stop the rising panic a bit.... the situation re entry is the same as being April 2014 in that they can't come in if I don't let them in or they can gain entry through open door etc?? I scared myself s******* googling and seeing that they can apply for entry warrants and allsorts....

 

Rosie x

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...