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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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HSBC/DG CCJ/CO - old OD - cleared, now what?

DesperateSusan
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DesperateSusan

DesperateSusan

Posted
Posted

Hello,

 

firstly, I've messed up big time, though circumstances and ilness I'm in a predicament.

 

I had some bank charges from HSBC. About £2000. I didn't deal with it and it went to court and they got judement against me.

 

They then put a charge against my house and now I have had a letter from the court saying that unless I pay the now £3250 they will send the bailiffs. Which will add more to the debt.

 

I'm not in a position to pay the whole lot, but I can pay a few hundred, maybe more.

 

Please can someone suggest the route to take and help me write letters.

 

Thank you,

 

Desperate Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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DesperateSusan

DesperateSusan

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Anyone?

 

Will a simple letter to the court / dg solicitors stating I can't afford the full amount, but offering, say £50 per month be the way to go?

 

Thanks

Brought to my knees by the banks, but up and standing again. Nearly.

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DesperateSusan

DesperateSusan

Posted
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Posted

Thanks, Nometer.

 

I've got one of those forms.

 

I have a couple of questions:

 

1) I have some considerable credit card debts, none of which I'm paying off as they have failed to produce a valid CCA. If one does turn up and I have to start paying, I guess I will have to apply for a change in payment.

 

2) I have some luxury expenditure - for example I send a daughter to a private school, she's approaching her GCSEs so it would be unfair to remove her, but how will the court view this?

 

3) I have recently changed job. I took a pay cut for a shorter commute. The thing is that I haven't had a proper pay day yet - the two I have had there has been no tax taken, so my current account looks quite healthy at the moment. I guess I just haev to explain that.

 

4) I owe ground rent and management fees of about 2k on a buy to let property that makes no money. How should I handle that?

 

I'm looking to pay about £50 per month. Is this likely to be acceptable to HSBC, or will they want more and use the CO to force the sale of the house.

 

Thank you so much for your help, all these issues just get on top of me sometimes.

 

Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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DesperateSusan

DesperateSusan

Posted
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Posted

The other thing is that I was not on the paperwork for the charging order - the papers only went to my other half. In fact this latest letter I have now has his name typed, then my name added in in scrawled hand-writing. And the date the payment must be made by is handwritten and illegible.

 

This can't be right, can it?

 

Thanks again,

 

Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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Docman

Docman

Posted
Posted

Sue

 

When you say your name wasn't on the paperwork, so you mean on the original judgment & claim or just missed off the CO in error?

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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toddle2u

toddle2u

Posted
Posted
I'm pretty sure that the CO should be removed if the Claimant wants to use bailiffslink3.gif/HCEO to recover the debt.

 

They can't have it both ways!

 

Unfortunately they can. Went to a case about 3 weeks ago and in the first instance the Judge said the same - that they couldn't have it both ways. The claimants solicitor came up with some case law which showed they could and the Judge had to allow it.

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  • 1 month later...
DesperateSusan

DesperateSusan

Posted
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OK - I sent off an N245 with income and outgoings and an offer to pay £50 per month with a £50 cheque and the court fee.

 

I haven't heard back from the court and it is the next month - do I pay £50 to the court for this month even though I haven't heard?

 

Thanks,

 

Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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  • 2 years later...
DesperateSusan

DesperateSusan

Posted
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Posted

Hi,

 

I have a CCJ which was for overdraft fees with HSBC.

 

The amount was about £3000.

 

They won the case and a £50 per month payment was agreed with the court which I have been paying regularly.

The amount outstanding is now down to about £1500.

 

I recently had a letter from DG Solicitors saying that because I had kept upto date with repayments that they thought I could afford to pay more.

 

The letter also suggested that they may offer me a discounted full and final payment and I should call their office to discuss this.

 

My situation has changed and I can probably afford to pay more, but the £50 a month suits me at the moment.

 

I am interested in the full and final offer, but I can't see how I can approach DG solicitors about this without indicating to them that I could afford more than the £50 a month.

 

Is the F7F offer likely to be at a significant discount?

 

Is there a good way of approaching them about it?

 

 

Thanks,

 

Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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dx100uk

dx100uk

Posted
Posted

they PCM was set by the judge

 

DG CANNOT change it.

and if they do, they are in contempt of the judges ruling.

 

so you are safe to write and offer a settlement.

 

i'd suggest starting off at £500.

 

when did they get this CCJ?

 

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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dx100uk

dx100uk

Posted
Posted

should be on your credit file

 

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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renegadeimp

renegadeimp

Posted
Posted

Follow dxs advice. They seem to think they are above the law.

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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dx100uk

dx100uk

Posted
Posted

you said a CCJ.

 

so they got a charging order too?

 

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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DesperateSusan

DesperateSusan

Posted
  • Author
Posted

They did. CCJ and charging order.

What's most annoying is that the debt was entirely made up of bank charges.

(At least the debt before court and solicitors fees etc).

Thanks,

Brought to my knees by the banks, but up and standing again. Nearly.

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renegadeimp

renegadeimp

Posted
Posted

Did you ever use BCOBS or get the FOS involved?

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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DesperateSusan

DesperateSusan

Posted
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Posted

I never used BCOBS, but I did start down the track of reclaiming bank charges - everyone was having a go back then - but I didn't follow through with it. I was over whelmed by other stuff going on in my life at the time.

I think I am more able to cope with things now, but doesn't the fact that HSBC/DG won in court mean that I have no recourse now?

Thanks,

Sue

Brought to my knees by the banks, but up and standing again. Nearly.

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dx100uk

dx100uk

Posted
Posted

a charging order does not actually 'have' to be paid

 

unless the judge orders it.

 

so did you attend court

on the CCJ

and the CO?

 

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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