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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 
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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
        • Like

Aktiv Kapital/IND CCJ /AEO - old MBNA Card Debt - Help


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Hi and welcome to the forum.

 

I have moved your topic to the Financial legal Issues forum in view of the AOE Order...please continue to post here to your topic.

 

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

 

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  • dx100uk changed the title to Aktiv Kapital/IND CCJ /AEO - old MBNA Card Debt - Help

You state you have taken a pay cut.......check the AOE Protected earnings here :-

 

https://www.gov.uk/debt-deductions-from-employee-pay/deductions-for-nonpriority-order

 

 

The amount taken by an attachment of earnings is set by the court. They will set a protected minimum amount of income which you must get each month. This is called the protected earnings rate. The attachment will only be taken from earnings above this amount.

Your creditor won’t be able to get an attachment of earnings order if your take home pay is always below the protected earnings rate.

You must inform the creditor straight away if you stop working or change jobs or your income changes.

 

Inform them of a change of circumstances if your income level has dropped...and reduce the AOE.

 

Andy

 

 

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We could do with some help from you.

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The judgment is almost 10 years old LuckY....Im not really sure what you are trying to achieve here as any attempt to mitigate with the original creditors will also be over 10 years...and now statue barred....I would concentrate on the AOE and try to reduce it or check they are stopping the correct amount.....the rest is history.

 

Andy

  • Like 1

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

 

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The court that issued the AOE.

 

You can apply to the court to change the order if you think too much money is being taken out of your wages. You’ll have to pay to change to the order. Check to see if you can get help on GOV.UK.

You’ll need to complete a form called ‘N244’ and explain why you can’t afford the payments. You can find form N244 on GOV.UK.

You’ll have to go to court for a hearing and a judge will decide if they can change the order.

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

 

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Check the deductions are correct first by using the link I posted earlier...if there not you will have to make application as above.....with fee.

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

 

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If you have a good relationship with your employer...they may be able to sort it for saving you further expense....but you must check the protected income guide first to see if they are over deducting....before venturing with either of the above.

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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

 

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