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

Hoist/cohen claimform - santander Credit Card 'debt' fast track Allocation?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3298 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

Hiya I sent in the N181 recorded delivery to the court where you have to sign at the other end they said they never received it but I had the proof - so I uploaded another copy to Northampton then today we have received a N271 notice of transfer of proceedings for allocation what does this mean now?

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Next will be the Notice of Allocation that you receive Molley...read this carefully for the directions...as there will be actions that you must take and comply with by the dates stated.

Post if you are unsure of anything...don't just skim read and then forget it.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...

Hiya We have just received a letter from Hoist saying the following "We acknowledge receipt of your Defence dated 22 Feb 2015. We note your allegation that you have not made a payment within six years and you reference s.5 of the limitation act 1980 which for the avoidance of doubt dictations:- An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. however we must advise that the last payment received on your account was £264.05 on the 27th April 2009, within the past six years and the debt claimed in these proceedings is therefore not statute barred. Therefore, we now formally invite you to withdraw your Defence in writing and furnish us with your proposals to discharge the sums owing in this matter. We reserve the right to exhibit this correspondence to the Court should you fail to withdraw your Defence." How should I reply please ????

Link to post
Share on other sites

The date on the claim form was 19th Feb 2015.

 

 

we must advise that the last payment received on your account was £264.05 on the 27th April 2009

 

Did you make that payment? Can you prove otherwise?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Then they are correct....its not statute barred.That is why we specifically warn every poster to be 1000% sure of the last payment/acknowledgment before advising to use the statute barred defence.In this case Molley...you had already submitted it and only started your thread from allocation onwards.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Its a case of damage limitations now....considering that this is in the Fast Track.They have asked for you to withdraw your defence and for your proposals on how you intend to discharge the debt.

 

I would be contacting the solicitor and proposing settlement by way of a Tomlin Order...dont offer to withdraw the defence...its not required if you can settle by Tomlin.

 

I assume that you would not be in a position to settle in full payment and therefore you must request a monthly payment plan.Tomlin Orders can be drafted to encompass this and avoid a CCJ and even costs...subject to your negotiations skills.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Given that we have no history of the debt or lead up to the claim...I assume that you made a request for this agreement (being pre 2007)...have they ever complied or have you never requested it?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Will a Tomlin order be the best way forward in this case Andy I've never hear of one before, what dose it entail??

 

Take a read of the following thread...it details how a Tomlin Order is drafted and successfully agreed.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380935-Claim-Form-DLC-Hillies-old-MBNA-credit-card-***-Settled-by-Tomlin-Order***/page16

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

That depends on how good your negotiation skills are and how desperate they are to resolve it without throwing further money at it to proceed.:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Haven't we already discussed all that from post #41 above onwards? Why would you need a Solicitor?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...