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    • Thank you for taking your time and helping me on this. Would you recommend I also send a letter tomorrow to both BMW and Motonovo?
    • she and  johnson need to be kicked off the taxpayers credit card - for starters I'm certain there is cause - taking up 'jobs' when they shouldn't, bringing the nation into disrepute with their antics .. I'm sure it would be a very popular act from a new labour guv
    • Please have a look at this draft letter. It is modelled on yours but I have cut out a load of the unnecessary information. Also, the responsibility lies with the finance company because the vehicle was brought on hire purchase. You send it to them and a copy to big motoring world.   Let us know if there's anything that you disagree with, which is wrong, which you think should be added
    • According to Alastair Campbell on Twitter, anti-Le Pen parties are pointing to RN's fiscal policies and saying they'll cause a 'Truss-style market meltdown'. Liz Truss charged taxpayers for Amazon Prime subscription - Mirror Online WWW.MIRROR.CO.UK The subscription costing £95 gives the ex-PM free shipping from the retail giant, as well as the ability to stream films and TV shows such as My Fault...  
    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
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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
      • 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

HPH2/? Claimform - ex Barclaycard 'debt'***Claim Discontinued***


EveOwes
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Also, if mediation fails/does not take place, then it will go to court for a judgement. Isn't that worse?

 

No... it does not work like that...if mediation fails it proceeds to allocation(Notice of Allocation) and further directions before any trial date.

 

Andy

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If hoist have not sent you the documents you need then mediation will fail, tell mediation they havent sent what you have requested

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  • 3 weeks later...

Hi. The mediation 'failed' because I was ill when they called. Next thing I got a letter in the post saying the case has been referred to the court for judgement. I haven't got a date yet.

 

I read somewhere that if debt is sold on then legally there has to be some sort of written agreement or something???

I haven't seen ANY paperwork from Hoist or their solicitors.

It's like they've just disregarded my request.

Can they do that?

Are we wasting our time requesting documents if they do not bother to respond in any way whatsoever?

 

What do I do now?

Do I admit to the debt and make a payment arrangement or what?

 

 

I am now on benefits having used up all the equity from my house sale to live on - there's nothing left.

I have not been able to get work My benefits start in a month's time.

I have 10 other creditors who no doubt will want the same arrangement.

 

I also have bailiffs to deal with (I've raised a separate post on this) who are getting £50/month against an old council tax bill, but also that same council has referred another debt to them which I won't be able to pay.

 

This is all too much.

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they will need to find the paperwork or they will fail...

 

go read out like threads.

 

as for you other debts

drop them all to £1PCM or stop altogether esp if they are owned by a DCA'

p'haps start a new thread and list them....???

 

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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" Next thing I got a letter in the post saying the case has been referred to the court for judgement. I haven't got a date yet."

 

Referred to court to proceed to trial...not judgment.

 

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

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  • 4 weeks later...

Hi. I received a letter yesterday from the solicitors for the claimant saying the case is being discontinued. I am relieved. They did caveat that this doesn't stop their client at some point in the future etc etc. But I will cross that bridge when I get to it. Thanks for the help and advice.

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Excellent news Eve, very well done!!

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Well donr...thread title updated to reflect the outcome.

 

Delighted for you Eve

 

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

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ta - da another fleecing attempt batted away

now go do the same wit you other debts you say you are blindly paying

 

 

start a new thread and tell us about them

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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