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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.
      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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Moneybarn Repossession URGENT


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Hello,

 

 

Ive used this site before and got great advice. I now need it again.

 

I have a Conditional Sale Agreement with Moneybarn, taken out in February 2015.

I have had a few arrears, agreed a payment plan but missed one of the payments on that plan,

now they have issued a termination notice.

 

 

I originally complained about it as I was able to pay all of the arrears off on the 25th May,

and the default required them to be settled by the 6th May.

 

 

The complaint letter I received stated that they would investigate and put the default on hold until they had responded.

 

 

I have sent all details such as ability to pay, evidence to them etc in, and I asked them if I should just clear it now, to which I was advised "only if it wouldn't put you in financial hardship".

 

 

Since then, the termination notice has come through, and their asset management team has passed my details onto a repossession company.

 

What are my options here?

Its less than 1/3 paid off,

I do have the ability to clear all the arrears,

but I am also not happy with the way they have conducted themselves.

 

 

I have tried to call the person managing my complaint today 4 times and had no success.

The car is on my driveway, so I don't think they can take it ( having read up on that),

but should I go down the court order route?

 

 

Should I hand it back and just get another car?

 

 

Any advice greatly received

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pers i'd dump them. and save yourself £1000's

VT the car

then you'll only have upto the 50% mark to pay.

has the date on the DN expired then?

as they cant terminate before that date

 

 

so, question the TN, get it revoked

and you should be able to VT.

 

 

DO NOT VS!!

 

 

do not be forced to pay anything more than 50%

esp any repo costs

 

 

I've moved you to the moneybarn forum.

lots of like threads to read

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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Thanks for the reply

 

has the date on the DN expired then? - Yes that expired on the 25th May

as they cant terminate before that date

 

 

so, question the TN, get it revoked - how do I question it?

and you should be able to VT.

 

 

DO NOT VSlink8.gif!! - they have offered me a full settlement, but I can't see how I can afford that, unless I try and refinance and use the car as PX.

 

 

do not be forced to pay anything more than 50%

esp any repo costs - they've waivered the repo costs, so long as I hand it back with no qualms on Tuesday as agreed

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ok lets just resit this.

so the DN gave a clear 14 days on the letter

and the TN is after that date?

 

 

if so sadly you cant VT.

 

 

whats their deal

return the car & pay the remaining finance I take it?

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

Yes it was 14 days, and the TN was after this date.

 

 

They have said I can either settle the full balance owed at £14k or hand it over. I cant pay £14k, so is the only option to VS? Would there be an option to try and obtain finance for another car, and pay off the finance on the current car and use that as a P/EX?

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don't think its yours to sell?

 

 

the offer they are giving wont be VS

VS means you hand the car back

they sell it remove that from your balance

then you are liable for the full remaining loan

 

 

cant see MB offering to take the car back and call it quits

they don't do that

they are not consumer friendly

 

 

you need to exactly get in writing what they are offering.

 

 

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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Share on other sites

then that's VS

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

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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If you want to keep the car you could apply for a time order - I think it's quite expensive (£220 ?) but it might be preferable than handing back the car for them to sell at auction then hound you for the difference between the sale and the remaining finance balance.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I don't mind paying the Time Order,

but will a court grant me the time to pay it off?

 

 

Moneybarn have already issued the Termination Notice,

and wont accept me to clear the arrears only.

 

 

I can easily afford monthly payments and can pay the arrears off within a month,

but they're just not interested.

 

Ideally I'd like to keep the car,

but if I have to give it up then I'll just have to buy a run around for a couple of months

until I can afford something better.

 

 

Its more an inconvenience than anything

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In your time order application you should show that you have the funds to clear the arrears and state that Moneybarn refused to accept payment of the arrears.

 

 

Moneybarn are a particularly aggressive bunch - I have known a few people fall foul of their practices, they absolutely refuse to negotiate. I have an idea they are happy to set people up to fail so they can repossess the vehicle, sell at auction then hound you into the ground to get the shortfall.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Asap

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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