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    • However, if it can be improved - why not? I see you've been looking at other WSs.  You need a little introduction at the start about being a Litigant-in-Person. In Insufficient Signage/Exhibit 1 is it necessary to show the close-up of their signs?  That's almost showing the signage as better than it is.  I would leave out your 2nd, 4th and 5th photos. In Penalty flesh it out a bit.  Add that the Claimant will witter on about the Beavis judgment but that your case is distinguished, Beavis dealt with a car park during opening hours when there was an interest in limiting the time cars could stay. Again in Prohibition flesh it out.  Add some persuasive cases.  There are loads in WSs. In Abuse of Process/Double Recovery para 14 they have inflated their claim from £100 to £170.  The other costs are allowed. The rest is superb - well done.
    • Please can anyone point to some good advice on what to do about the following call centre issue: a) You call X company about a problem b) You can't resolve it with the call agent (due to their fault/limitation/poor communication) c) So you ask to escalate to a manager d) They tell you there are none available right now, but they'll get one to call you back within X time (eg 24/48 hours) e) You wait the full time allotted, but no call comes f) You call again, and start at A, only to repeat the steps with no hope of escalation or resolution. I know that I can write to them, but is there a more immediate way to get the attention of a manager or member of senior staff when trying to resolve a non-straightforward issue, with more immediacy, as well as actually speaking to a genuine manager? I invite advice, links & discussion - I bet many of us have experienced this or similar, so a solution here could be helpful to many I'm sure! Thanks in advance to all who engage with this!
    • Thanks for all the replies - all very helpful. Sorry for the delay in responding - I forgot my password and managed to get myself locked out, which meant I could read but couldn't reply. Dx100uk  Thanks for that very clear (and patient) explanation - I completely get that now. Ok so I'll drop that unless we get to court. Lookinforinfo Good spot on Section 9 [2] [e] (i) - I think you're right they don't actually ask me to pay do they, they only say they have the right to recover the charge from me after 28 days. Your 2nd point might be less convincing, given the length of time the vehicle was there. Sadly I don't know how long parking is permitted for free. Perhaps someone on here can help with that. For context so you have the full picture, the driver entered M1 Tibshelf services not expecting to park at all (and therefore didn't bother to look for parking signs), they were feeling a little funny and thought a coffee might help. They drove into the petrol station area and pulled up in a parking bay at one side of the pumps and went in to get a take out coffee. On returning to the vehicle they were suddenly overcome with a violent attack of dizziness and nausea and couldn't stay upright. After lying flat and unable to move (and feeling extremely cold) for what was apparently some 4 hours they recovered enough to be able to drive on. The coffee was now stone cold of course which was a very annoying waste of 3.50! On recovering, the driver looked round without getting out of the van but couldn't see any signs at all near those few bays so mistakenly assumed the petrol station bays didn't have parking charges. One more question - on other threads people have suggested contacting the land owner to ask them to drop the charge. How would I find out who the landowner is, or perhaps should I write to the manager of the petrol station?
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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can I challenge this at this late stage?


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My finances are in a mess but I believe it is because I have always had a very limited income which was manageable until the banks etc decided to start charging every 5 minutes for the slightest thing. Stupidly, years ago, I entered into a secured loan with Welcome Finance, it started as a car purchase needed to get to work over time they offered me increases and I agreed, when I lost my job I had trouble. I have managed to get my monthly payments reduced but is still hard to manage on benefits. Each time I signed up for a new loan, it attracted a £1000 charge, I cant remember what it was called but to protect them if my house was repossessed they said, even though I only increased the loan by about £2,000 on each occasion I was charged and owed £13,000 in all. There was always lots of equity in the property so wasnt sure about this charge and the reason. When I got ill, they put me under a lot of pressure but have said I can settle at around half owed but I do not have a lump sum to offer either. I signed contracts not fully filled in at home, I think this affects my rights too.:rolleyes:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Firstly, you will need to do a DPA SAR request to your bank who charged you the charges putting you in the debt position in the first place.

 

Secondly, do a DPA SAR request to welcome finance to gain full details of the original loan and subsequent loans.

 

Once you have the full details you will be in a position to calculate what the bank owes you to start with, and we can look at whether the £1,000 charge you refer to per loan is a fair term within the contract.

 

There may be a possibility that you can sue Welcome Finance for irresponsible lending, but you will need complete details of your income and expenses to calculate disposable income. This will come with your DPA SAR request from the bank. WF should have considered whether or not you could afford the repayments before giving you the money.

 

Take this a step at a time. It will be quite complex and may prove to be a difficult process, so be prepared if you want to go ahead. Keep a file with copies of EVERYTHING.

 

Let me know what you decide.

Good luck,

Vamp.:)

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thanks for your response, I think I will need a lot of energy for this, am going to tackle the bank first, just drafting letters to local council also. I dont think I should try everything at once cos I know I wont cope but I will make a start:)

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

Just the FAQ’s ma'am. Please read 'em thoroughly before jumping in. Cheers :)

 

Find all the letters under the rainbow here

 

Being a man, I am always right (however I will make no admission of liability if you have misinterpreted my instructions!! :) ) If you are in any doubt, then consult a professional. All opinions offered on this site are just that, and should not be taken as legal advice.

 

Halifax - £1400 reclaimed. Now on a crusade to help others!

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Welcome Finance are beyond a joke. I stupidly took out a car loan from them in 1996 over a four year term. I realised in 2000 that the loan should have been paid up a couple of months before so I phoned them and asked why they were still taking payments and they told me I still owed over £5000 (I only borrowed £3500 and didn't miss a single payment!) It took months to sort it out with them.

 

Anyway, that doesn't help you in the slightest but good luck anyway...:) Make sure everything is done in writing and documented in a clear and concise manner. They really can't be trusted.

 

thats interesting - my car was only £3000, then I stupidly paid it off but it cost £5000 to clear the interest on top, to secure a new loan to sort out arrears with another dodgy outfit (used to be I Group) as I was in danger of losing my home, I know people will say its your own fault but all the time I now realise I was afraid and didnt really know my rights, the interest is phenominal and now owe £13000??:(

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 2 weeks later...
A good idea. Good luck.

 

You say it was a while ago, but I'm assuming here, this all falls within the last 6 years.

yes, it was in the last six years but as it is secured on my home I cant do anything to risk it, but it started out as finance from a car dealership. i increased the loan twice I think (?) they sent the money to GE as it was to stave off the threat from the mortgage lender, I paid a fee plus MIG although my mortgage is for about a third of the actual property value so no chance they wouldnt be covered if it was sold. I have just negotiated a reduction in my arrangement as I have been struggling, will this weaken my position at a later stage I wonder.:confused:

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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decided to send DPA request after all, will be interested to see what turns up?

 

What powers do secured lenders have (assuming you are up with payments) if they have defaulted you in the past but made an arrangement and accepted a reduced payment, can they pursue repossession just becuase they feel like it or on the grounds that the account has not run smoothly?

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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  • 3 years later...

Won This Some Time Ago!!!!!

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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there are several WF threads on cag, one or two follow my case, we went to court for prelim hearing, I used a solicitor - eventually we settled, also look at unenforceable agreements, this was the main point for my case, good luck.

'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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