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    • There is a huge difference between Roadchef who presumably have some morals and are concerned about road safety ... ... and Group Nexus who are only interested in £££££. So, yes, appealing and mentioning illness to Group Nexus won't wash because the PPCs are simply bloodsuckers. But the organ grinder/Roadchef could well be a different story.  Emphasise the medical emergency, that the person would have been committing the offence of dangerous driving had they left in the condition they were in, etc.  We say not to out the driver but I think you have to tell Roadchef that the driver was incapacitated and who that was. To answer your question.  Yes, Frustration of Contract has been argued in court many times, including by Mystic Bertie last week - he won.
    • "Do you have any proof of this?"  No no proof sadly, only that the vehicle arrived at 9pm and left at 01.27 - and who wants to drive in the middle of he night if they don't have to? I've read that pleading illness hasn't been accepted for appeals. Has Frustration of Contract been accepted in court then? Thanks for the contact details - how should I handle revealing driver details when I contact him? Do I try to keep the driver anonymous or do I just take the risk and tell all?
    • Have you seen dbuk2000's result? Absolutely thrashed a PPC in a residential parking case today.
    • Evening all My wife went to view a 25,000 mile Hilux pick up at a dealers in Doncaster last week. I couldn’t go as I was at work. She’s owned a few trucks in her time, so is fairly conversant with them I’d found it for her on the web, checked out the photos, called the dealer who assured me it was ‘stunning’. It says as much in their advert I specifically asked about the underside, which he said was also excellent. After viewing the truck, my wife left a £500 deposit by bank transfer. She also transferred £335 for car tax, which was done by the dealer with a receipt to prove so. On collection two days later, I found the vehicle to be woefully substandard. Areas of damage had been repainted with a brush (!) and the underneath was plagued with serious rot. The dealer said he couldn’t refund me our deposit as the boss was on holiday and it would need his approval. He then went on to say I was a time waster, I knew nothing about vehicles, that I was being intimidating (which is utter tripe)  He added they had incurred costs getting the vehicle ready for collection - yet more guff I have since sent an email recapping the event and asking for the deposit and the tax to be refunded. We have evidence of payment by bank transfer and also a bill of sale from the garage. Needless to say we left without the truck! Can anyone please advise us from how to proceed? Thank you
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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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