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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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      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.  

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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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      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

Lowell email received over 2016 bt and cap1 debts


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2 hours ago, anna may said:

if i didnt contact them would be sending bailiffs with a charge of 235 pounds added,

the txt did not say that at all read it PROPERLY....

the only way BAILIFFS can ever be involved and used is if lowells already have a Court CCJ judgement against you and they return to court to ASK a judge to send them.

dx

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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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hi word for word the message says

please contact us now on 03333201829 or an enforcement agent will visit you and a minimum fee of £235 {set by legislation} will be added to your balance quote re ++++++

that was sent on 20th feb,

i then checked on the register judgements and fines website to see if there were any ccjs but it was clear,i checked old address and my new adddress, 

will probably check again to see if there is anything 

thanks for your help 

 

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as long as all your old addresses are showing on your credit file. there can be no CCJ, backdoor or otherwise.

dx

 

  • Thanks 1

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 dx

did i check the wrong thing ,

i havent checked any credit file as i have no credit at all not in well over 7 years now all bills are in my husbands name,

have joint building society account for our state pensions to go in thats it for me,

do not want any credit either at our age we just pay the bills when we get them

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then time to go do it

all 3 credit ref agencies are FREE.

TBH lowell dont usually screw up where CCJ's are concerned, they must of gotten one by the backdoor by using an old address you were sofa surfing at?, though it would still show on your file (for 6yrs only) and so would that address.

if its over 6yrs old and dropped off , no judge is gonna grant enforcement now.

and anyway as it would be a consumer debt, ther is no right of forced entry so bailiffs are useless..

go figure.

dx

  • Thanks 1

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

thanks dx 

much appreciated as always 

sorry to keep asking stupid questions but would the register that i checked show the same information as credit files,

as for  when we were sofa surfing was not registered anywhere for anything we were very ill and to be honest lost the will to live literally 

 

 

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the issue with trustonline is you have to know the address used on the actual claimform else you will never find it, you cant just search by name.

thats where a credit file becomes useful, as if a ccj was registered somewhere in your name , then the address would automatically be added to your credit file under linked addresses.

although the CCJ itself vanishes from showing under credit file public judgements section after 6yrs, paid or not, the linked address would remain.

i really wouldn't fuss about this, unless you've comms where lowell directly state a ccj was awarded against you on (date).

now if they've given a CCJ number as well anywhere thats even more useful, as you can get details from northants bulk directly on the phone.

it could all just be someone else with the same name as you, but its unusual for them the write as well? was this before you sent the SB letter?

cause if it was, then they got your current address from your credit file, so some evidence of the judgement must be there. go look on the 3 credit file providers sites.

experian, equifax and i think credit kalma 

dx

 

  • Thanks 1

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

Posted (edited)

hi dx

thanks for the explanation much appreciated 

have not heard a peep from anyone since i sent SB letter april 2023  last year, no communication at all from lowell since we blocked their emails

i am on the electoral register for new address and my current address was on SB letter

just started getting random texts and now phone calls which state to be from marston which have been blocked and reported. 

 

i will keep you updated 

thank you again x

 

Edited by anna may
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It will take 5 minutes to register with Credit Karma, and if no CCJ is displayed it's likely that it's dropped off already. Although that doesn't mean that you don't still owe the money, there is no chance anyone will be able to enforce it.

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Did as advised no ccj at all is showing up also paid for trust online just to make sure and nothing there either

Thanks everyone for help and advice 

It is much appreciated xx

 

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