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Hello, been a while since I posted on here, really hoping for the same support an advice I received last time :-) Long, long story for us, but basically through bad choices, bad luck and bad advice ended up in an IVA in 2016. The accounts involved all defaulted, to be expected. In 2018, I got contacted by an 'independent advisor' advising me that I shouldn't be in an IVA, that it wasn't the solution for our circumstances and that they would guide us through the process of leaving the IVA and finding a better solution. I feel very stupid for taking this persons advice, and feel they prey on vulnerable people for their own financial gain (it ended with us paying our IVA monthly contribution to them)-long and short of it our IVA failed in 2018. At the same time the IVA failed we also had our shared ownership property voluntarily repossessed (to say this was an incredibly stressful time would be an understatement!) When we moved to our new (rented) property in August 2018, I was aware that creditors would start contacting us from the IVA failure. I got advice from another help website and started sending off SARs and CCAs request letters. I was advised not to bury my head and update our address etc and tackle each company as they came along. Initially there was quite a lot of correspondence, and I still get a daily missed call from PRA group (and the occasional letter from them), but not much else. However, yesterday i had a letter through from Lowell (and one from Capital One) advising that they had bought my debt and would like to speak with me regarding the account. There will be several.of these through our door i suspect, as we did have several accounts with Capital One. Capital One have written to us with regular statements over the last 5 years, and my last communication with them was to advise of of our new address (June 2019), I also note that all of these accounts received a small payment in Jan2019 (i'm assuming the funds from the failed IVA pot). Really sorry for the long long post, but just thought id give (some of) the background for context.... I guess my question at the moment is.....how do I respond to Lowell...do I wait for the inevitable other letters to arrive then deal with them all together or individually...? Do I send them a CCA? Many thanks -
By Malocclusion · Posted
hi all just got the reminder letter, I have attached it and also the 2nd side of the original 1st pcn (i just saw the edit above) Look forward to your advice Thanks PCN final reminder.pdf pcn original side 2.pdf -
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
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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.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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.
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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
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