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    • 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
      • 162 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
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Hello to you all,

 

I've turned to this fine site for help on a situation i have found myself in with a company called Excel,

and really need the help of someone with some knowledge on this.

 

I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it.

In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine.

I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence.

 

And here is where my issues begin.

 

I was away for a few weeks in January, dealing with some family stuff in Spain.

I saw the 1st letter from Excel and spoke with them, as their “expected” date for payment was nearing

., and they gave me some extra time to pay.

 

As I’d been out of work since November and not back until this month (injured my wrist and I’m a musician),

I realised I wouldn’t have the funds to pay them on the date we agreed.

 

 

to avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments.

I also explained that the address they have for me is my parent’s address, as that is where the car is registered.

 

 

I occasionally use one of my parent’s cars as they have an estate car. My parking ticket, so my responsibility.

 

Over a month went past and I heard nothing from them, until

 

 

a few weeks ago.

An “enforcement” agent arrived at my parent’s house, with a "letter of attendance" saying I NOW owe them £387.

 

I’ve been in contact with Excel, but they say they have no record of a letter being received about this issue.

I know I sent it recorded delivery, so really annoyed they’re now saying this.

 

 

Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them.

I feel stupid for not keeping it safer, but as I’m just about to move house, I got rid of a lot of paperwork. My own stupid fault.

 

Like I said, I don’t have any problem whatsoever paying the original £160 fine. I didn’t pay my 1st ticket in time, so it’s my own fault.

The issue I have is the extra charges they’ve put on top now, and the fact that my parent’s car could possibly be clamped for non-payment.

 

Sorry for this long message, but thought I’d try explaining as best as I could as I’m a tad worried about this all.

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|Hi

 

Not What you want to hear I know but you are liable for all these charges. From their point of view, you received this ticket some months ago, you were sent three notices before the judgment, following this you received two further notices, during all this time there was no payment whatsoever made.

 

You can see the problem.

 

You need to contact them and make a definite offer of payment, it will probably help if you can make the first payment over the phone, also tell them the vehicle does not belong to you and you have no goods at the address they have, be prepared for them not to believe you.

 

To avoid the car being seized your parents will have to have proof of ownership of the vehicle, it would be a good idea to send this (or a copy) to the bailiff to support your contention.

 

In the meantime your parents need to keep the car locked in a garage or parked out of the way(on neighbors drive maybe) until this is sorted out.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Have to agree with DB, you will have to inform Excel regarding the car, as they will refuse to deal with Parents trying to prove ownership claiming Data Protection whilst clamping their car if it isn't moved as suggested.

We could do with some help from you.

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Hello to you all,

 

I've turned to this fine site for help on a situation i have found myself in with a company called Excel, and really need the help of someone with some knowledge on this.

 

I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it. In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine. I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence. And here is where my issues begin.

 

I was away for a few weeks in January, dealing with some family stuff in Spain. I saw the 1st letter from Excel and spoke with them, as their expected date for payment was nearing, and they gave me some extra time to pay.

 

As I'd been out of work since November and not back until this month (injured my wrist and I'm a musician), I realised I wouldn't have the funds to pay them on the date we agreed. To avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments.

I also explained that the address they have for me is my parent's address, as that is where the car is registered.

 

I occasionally use one of my parent's cars as they have an estate car. My parking ticket, so my responsibility.

 

Over a month went past and I heard nothing from them, until a few weeks ago.

An enforcement agent arrived at my parent's house, with a "letter of attendance" saying I NOW owe them £387. I've been in contact with Excel, but they say they have no record of a letter being received about this issue. I know I sent it recorded delivery, so really annoyed they are now saying this.

 

Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them. I feel stupid for not keeping it safer, but as I'm just about to move house, I got rid of a lot of paperwork. My own stupid fault.

 

Like I said, I don't have any problem whatsoever paying the original £160 fine. I didn't pay my 1st ticket in time, so it's my own fault. The issue I have is the extra charges they have put on top now, and the fact that my parent's car could possibly be clamped for non-payment.

 

Sorry for this long message, but thought I'd try explaining as best as I could as I'm a tad worried about this all.

 

 

I have put your query into proper paragraphs so hopefully this should make it easier to read.

 

Can you clarify that the parking charge notice is in your name. Also, on the warrant will be the vehicle registration number of the car that was involved in the original contravention. Is this car registered to you? How much roughly is the car worth and is it subject to any form of finance?

 

The bailiff can only take goods belonging to the debtor.

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