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    • If you are buying a used car – you need to read this survival guide.
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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.

      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
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Euro Parking Services - NTD Ashted Lock, Dartmouth Middleway, Birmingham, B7 4AZ


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15 minutes ago, Mezzle said:

Is #1 likely to make them think "Well, let's do the other two now"?

In itself, probably, yes.  But not if you start to fight back confidently and threaten them with going for set aside.  Hang on and don't send the letter I suggested yet.  An idea is brewing.

 

4 minutes ago, Mezzle said:

I've just entered into a DMP - so it's knackered anyway

OK, "good", so if the worst comes to the worst, don't pay.

 

In all the various correspondence, is there an e-mail address for the fleecers?  I can't find one on-line.

We could do with some help from you.

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Plus in your communications with the court, did you get the claim number?

We could do with some help from you.

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17 minutes ago, Mezzle said:

I've just entered into a DMP - so it's knackered anyway

 

why have you blindly entered into a DMP for consumer credit debts i assume?

why havent you checked these debts are even enforceable, esp if you are now paying a powerless DCA?

 

start a thread in the debt management self help forum and list your debts

and cancel that useless DMP now. 

do it yourself it's easy!

 

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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12 minutes ago, FTMDave said:

In all the various correspondence, is there an e-mail address for the fleecers?  I can't find one on-line.

 

Can't see one.

 

5 minutes ago, FTMDave said:

Plus in your communications with the court, did you get the claim number?

 

It showed on my credit file.

 

2 minutes ago, dx100uk said:

why have you blindly entered into a DMP for consumer credit debts i assume?

why havent you checked these debts are even enforceable, esp if you are now paying a powerless DCA?

 

start a thread in the debt management self help forum and list your debts

and cancel that useless DMP now. 

do it yourself it's easy!

 

It may be easy, but it takes time, and can be quite stressful - I'd rather be on a DMP and have less things to worry about :(

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If you can get to a post office today send this 1st class.  Make sure you get a free Certificate of Posting.

 

 

Re: PCN no. XXX and PCN no. XXX and PCN no. XXX

 

please kindly note that I no longer live at XXX but instead I am now resident at XXX.

 

I am aware that you have obtained a County Court Judgement against me (claim no. XXX) for one of these invoices.  You only "won" because the claim form went to my old address.  I was a member of staff in these staff-only car parks and the PCNs should never have been issued and certainly should have been withdrawn.  Therefore this Friday I will commence set aside proceedings at a cost of £275 which i intend to ask the court to award against you.

 

I am therefore requesting that you consent to set aside as this will reduce the matter of costs for both parties.  I will wait until Friday morning for a reply.

 

Yours,

 

 

This will save you from any other backdoor CCJs, hopefully discourage them for going for the other two, and there is a very, very, very vague chance they will consent to set aside.

 

We could do with some help from you.

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2 minutes ago, FTMDave said:

Therefore this Friday I will commence set aside proceedings at a cost of £275 which i intend to ask the court to award against you.

 

Unfortunately, I'm not going to be able to afford to pay any fees or similar until payday, which is the 28th

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No, it is EPS that brought the claim -

 

Office 2, 51 Pinfold Street, Birmingham, B2 4AY

 

https://europarkingservices.com/contact.html

 

BTW, you don't have to pay £275 for the set aside really, it's a tactic to try to get them to consent to set aside.  Send the letter then come back on Friday.

 

 

 

We could do with some help from you.

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Either they will send you a letter consenting to set aside, which would mean you could apply to the court to get rid of the CCJ and pay only £108 (IIRC) rather than £275.

 

Or more likely they won't reply.

 

Either way you will be protected against any other claim forms going to the wrong address, and they will know they will have a battle on their hands if they sue you for the other tickets.

We could do with some help from you.

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3 hours ago, Mezzle said:

It may be easy, but it takes time, and can be quite stressful - I'd rather be on a DMP and have less things to worry about :(

mug.

 

there is nothing stressful about dealing with debt, are you paying any debt collector?

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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You say old address. Have they communicated at your new one?

 

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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threads merged

please keep to one thread.

 

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

Very true.  So the choice is yours.

 

1.  Pay £301.  No CCJ.

 

2.  Pay £275 to apply for set aside, with no guarantee of success.

 

3.  Defy the court order, don't pay.  CCJ for six years. 

We could do with some help from you.

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If you do pay, make sure it's well before the court deadline.

 

Were you able to work out which of the three tickets the CCJ is for?

We could do with some help from you.

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Nope, I’ve no idea. It’s going to have to be  at least 22 days after the filing. No idea what the actual deadline is as I’ve not had any paperwork whatsoever (Though the courts did confirm it over the phone)

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You should have 30 days from 6 July to pay.

 

Just don't so it at the very last minute, as we had someone recently who was adamant they were going to go for set aside, then at the last minute bottled it, and I think paid but still got the CCJ.

 

If you SAR the fleecers on Monday you will get your hands on all the original windscreen tickets, PCNs, LoCs, claim form, etc.  Usual free CoP from the post office.  Stick in some I.D. otherwise the fleecers will use of lack of I.D. as an excuse to delay a reply.

 

At least you're protected from any more backdoor CCJs.

 

 

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

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