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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
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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.
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      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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David Lloyd, ARC and Major Law Solrs demands


Mermai
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Good Afternoon

 

I've seen a lot of threads regarding unfair gym cancellations & would like to explain my problem with David Lloyd Gyms for some advice and reassurance.

 

I joined a Virgin Gym in November 2016

it was really on the basis that I'm swimming the English Channel in a team relay & the rest of my team were already members at this Virgin Gym & the swim facilities were excellent & it meant we could train together. I have two teenage sons & they joined with me paying at £86 per month for the 3 of us.

 

Although the facilities were great - I found it difficult to use the facilities as I would have liked as the gym is 30 mins drive from and back to my home however I knew I was contracted for 12 months & continued to use even if I felt I was getting my monies worth in view of the traveling time etc.

 

During the membership period the gym was sold to David Lloyd gyms - in mid December 2017 I cancelled my DD as I knew my 12 months contract had been completed & my commitment to them met. I had in the post received a letter from David Lloyd giving me the options of different memberships which I did not complete or sign. I then received a call from DL head office about my DD not being paid & explained I had completed my membership of 12 months & no longer wanted to be a member.

 

My contract had been with Virgin & not David Lloyd in my eyes but they did point out that in the T&C of the Virgin contract it states that if the club is sold then the T&C will pass to the new club. I have additionally explained about the difficulty in the time spent travelling which us already more than 10 miles from the club & also explained that I'm moving (house was on the market at this stage & since sold) and planning on moving even further away making this club not suitable for my training requirements.

 

They are insisting that my contract then went over to a rolling monthly contract and that as i did not give notice that I owe two months membership - as you have give a complete months notice at the end of the month & my DD cancelling before the 1st Jan payment date didn't count.

 

I have since had letters from Arc and telephone calls from Arc and today a letter from Major Law Solictors stating they will seek their clients instructions regarding County Court for recovery of £346.08 .

 

This is very worrying letter to receive and very unfair - what do you suggest I do?

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They lost many moons ago in court in a particularly embarrassing fashion.

Major Law are based in Guildford and are a rent for hire solis firms that wont do court...

 

Slick will be along shortly but take a peek at some of the threads we have here.

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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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Of course they'll insist your contract moved to a monthly rolling one, they only want your money!

 

Stay OFF the phone, they'll tell you anything to eek money out of you, best to let them committheir lies to paper so you have a paper trail of evidence.

 

The MOST you'll owe, is one months fee, and that's the MAXIMUM!

 

They can't mark your credit files, and they can't make you sell your new born, plus they'll be very very reticent to go anywhere near a judge, so don't fall for those lies either.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi Mermai and welcome to CAG

 

Just ignore the demands from ARC Europe for now and don't talk to them on the phone at all !

 

Read this post and the whole thread it's in - https://www.consumeractiongroup.co.uk/forum/showthread.php?485862-ARC-amp-Major-Law-letters-on-behalf-of-Bannatynes&p=5107268&viewfull=1#post5107268

 

Use the letter to Major Law but adapt/change it a bit so it's not a direct copy. Major Law will scuttle off and leave you alone after that.

 

Put the draft here for approval before sending if you want. Get a free Cert of Posting at the PO when sending the letter.

 

:-)

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Also, don't bother arguing the issue about moving home at all as this will simply encourage ARC to argue the case with you.

 

They'll want 3 months notice but they'll have to Go Whistle !!

 

:-)

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 OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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