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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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
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      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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Hitachi Capital - Addlestone Keane Solicitors help?


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Had laser eye surgery done last year.

1k left on a 2.6k loan,

stopped paying it as I lost my job.

 

I have no assets or anything,

do you think they'll actually take me to court?

 

 

other debt letters i've received have said "may take you to court",

these guys seem serious though.

 

 

They said if they don't recieve a check for the full amount within 7 days they will issue proceedings.

 

Worst case scenario, what happens?

They take me to court and I pay £1 a month?

Can they remove goods from our house?

Or is that only if I miss payments?

 

Best way to proceed?

Edited by debtsarebad
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If it does go to court then they will only make a judgement based upon what you can afford...

 

Is this currently with a DCA? Have you requested a CCA?

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If it does go to court then they will only make a judgement based upon what you can afford...

 

Is this currently with a DCA? Have you requested a CCA?

 

Hi, it was passed to Cabot financial but just ignored everything. It's been passed to addlestone Keane solicitors now.

 

If it's been passed to solicitors do you think it's pretty much guaranteed to go to court now?

 

What steps should I take? I haven't requested anything. The letter basically says full payment within 7 days or proceedings.

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kearns and cabot..

urm strange bed fellows.

 

 

cabot are a DCA

they are not bailiffs

and have no such legal powers.

i think if you read the kearns letter properly

it actually doesn't say WILL anywhere..go check.

 

 

puzzles me why the firm sold it to a DCA.

and for a debt so recent.

IF you lose any court case

bailiffs COULD be used

 

 

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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kearns and cabot..

urm strange bed fellows.

 

 

cabot are a DCA

they are not bailiffs

and have no such legal powers.

i think if you read the kearns letter properly

it actually doesn't say WILL anywhere..go check.

 

 

puzzles me why the firm sold it to a DCA.

and for a debt so recent.

IF you lose any court case

bailiffs COULD be used

 

 

dx

 

 

Hi, the letter is not from Cabot, it's from Addlestone Keane solicitors.

And it says Unless a cheque in settlement of the full amount is received within the next seven days, proceedings will be instituted against you. hence my concern as it's the first letter i've received that says such a thing instead of "may".

 

If I lose a court case and fail to make the arranged payments on the CCJ can baliffs be used right? They won't just send them around after losing a court case?

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No they wont send bailiffs straightaway, if you receive a claimform, we can deal with it.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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instituted?

 

what does say there please

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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Share on other sites

instituted?

 

Predictive text? Probably should read "instigated"

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Seems strange that they would have used Cabot instead of going to Court themselves unless they have messed up somehow perhaps with their paperwork and cannot sue so hoping Solicitors will have the required effect [ie pay up] to avoid going to Court.

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  • 2 months later...

its a real shame you responded to them

other than with a CCA request

they think they've found a mug.

 

 

instituted is a meaningless word.

 

 

how much are they after

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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Share on other sites

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