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    • Yes. They won't inform your employer but you may need to. You need to check what it says iin your employment contract. I don't think it usually causes huge problems for most people. HB
    • Good afternoon. I've read a few threads briefly regarding a dmp with stepchange and was 95% complete with setting one up when I noticed the advice of letting things default instead and/or managing a dmp yourself. My current situation is the following £470 owed to Jacamo. Has not defaulted. Currently on a £10 payment plan with them for 12 months. Not sure what to do here £2700 owed to Vanquis - Credit Card. Has not defaulted and I have not missed payments. I am unemployed and even making a £200 payment from my benefit means £80 odd gets eaten thanks to interest. Guessing I let this default and then set up a payment plan after? £2500 owed to Lowell who bought from Very and passed on to Overdales after I ignored them. Last payment to Lowell was 30th November 2022. Plan here was to fight them in small claims court if it ever gets that far, assuming the worst. Any advice is very much appreciated, thank you.
    • will they inform my employer and sack me?  
    • Ok, so they will look back a max of 1 year's record and ask me to tick which ones were used by me?  
    • Not prison, no. That has never happened here. I think they can look back a year on their system and you'll have something like TiredDodo did when they were summoned to court. With a year's use, I'll be amazed if you don't have a court appearance. HB  
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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
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i am just waiting to here it is nearly 6 weeks that i sent everything i got on e letter saying there looking into it and would be done in the time limit so just waiting to see if thay offer anything -------Terry

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Guest louis wu

Hello,

 

Its important to understand what it is you are about to do. You really need to have a good look here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

and here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

This process is not complicated, but it's easy to make mistakes, and not always so easy to correct them. By knowing what your doing, and why your doing it will make the whole thing easier and less stressful.

 

You will have questions along the way, and you will get help and support.

 

Take a couple of days/weeks to have a good read and a look around the site, and when your ready commence your claim.

 

Good luck

 

Louis

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Hi there all, was wondering if anyone could help, i've made a claim to my bank and have done everything that i had to do but no luck i went and issued a claim MCOL they served it the bank did not enter a defence, was told online i could enter a judgement by default this i did have now been told request for judgement was denied any help would be good.

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Guest louis wu

Have you asked on what grounds the judgement was denied? Tell us the reason and we may be able to help

 

Louis

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  • 4 weeks later...

Hi there sorry for not replying, been waiting for Lloyds defence, i now have it.

 

The case has been transferred to my local court and the judge in northampton has ruled that an allocation questionnaire be dispensed with in this case.Lloyds defence is 1.That when i opened the account i was made aware of the conditions and by using the account i agreed to it, 2. By keeping the account in credit or within agreed o/d limits i would not be charged, but if the bank has to make a payment from its own funds or has to return the payment then they will make a charge, 3. There is no breach of contract; the charge cannot therefore be a penalty, so they do not have to pay it back, 4. The customer is given advance warning of charges imposed, 5. The charges are fair and reasonable,6. The customer is notified of the charges and in plain intelligible language.

 

Any advice would be helpful.

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Hi, Wicksy37.

 

Sounds pretty standard response to me. Start your own thread in the Lloyds TSB Forum and ask questions in there, people dealing with them will know their standard tactics and will be able to help you. This Forum is for newcomers and you will get a lot more help if you start your own thread. Sorry you'll probably have guessed, I'm not too clued up on cases being transferred, or I would help you more.

 

Regards.

 

Scott.

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