Jump to content


  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

carter Statutory Demand for Egg debt **CLAIM DROPPED**


linz2011
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6050 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

The county court claim was for approx £700 I defended it and they backed off saying they would not continue providing i came to a satisfactory arrangement which i then went on to do - I can still log into the claim and it is as it was when i filled it it - i received nothing further from the courts once it had been defended

Link to post
Share on other sites

I can ring the court tomorrow and let you know - however, I am pretty sure they have not obtained judgement otherwise I would have heard from the courts (i think)

 

Will let you know tomorrow for definate

 

Thanks

Link to post
Share on other sites

Hi me again just checking when I send the CCA should I make any reference to the Stat Demand as they will have 10+2+30 and could withhold it until then?

 

thanks

 

 

If you read the link I gave you earlier - use the letter that tomterm has written for a CCA request after issue of SD

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Hi me again just checking when I send the CCA should I make any reference to the Stat Demand as they will have 10+2+30 and could withhold it until then?

 

thanks

 

i wouldn't mention it.

 

if they do not send anything at the 12+2 days we can then use unenforceability as one of the grounds for the set aside.

 

are there any unlawful charges in the figure being chased?

Link to post
Share on other sites

you would laugh at me i did the normal CCA addressed the envelope then posted the question - received a prompt response from Gizmo and ripped up the original and sent Tomterm's then got your response....keeps me busy if nothing else........

Link to post
Share on other sites

you would laugh at me i did the normal CCA addressed the envelope then posted the question - received a prompt response from Gizmo and ripped up the original and sent Tomterm's then got your response....keeps me busy if nothing else........

 

Ech... the disclosure request was written for someone who had already sent a credit agreement request that was in default... the credit agreement request, for regulated debts, is by far the most important one...

 

You must send it, immediatly, if you haven't already done so.

 

if sequenci is willing to write the set aside for you, as I non-subtle hint go with what he says:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Hi all

 

As you are no doubt aware this as really freaked me out, if I survive this I do not know if I could cope with another. I have four court cases pending for charges (all credit card) however, the charges refunded will only reduce the debt as they are less than the balance. Is it worth me sending CCA request to all my creditors to enable me to prioritise my payments?

 

Thanks as always for your support:)

Link to post
Share on other sites

The county court claim was for approx £700 I defended it and they backed off saying they would not continue providing i came to a satisfactory arrangement which i then went on to do - I can still log into the claim and it is as it was when i filled it it - i received nothing further from the courts once it had been defended

 

Hang on... the court claim was for £700.

 

As in, under the amount of money that they can actually file a bankruptcy petition for (£750)?

 

and the debt is clearly in dispute, a matter of legal proceedings.

 

Um, sequenci, this sounds like abuse of process to me:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Hi sequenci - the ccj was issued for about £700 but the debt is £14k - it came from Bryan Carter and I just logged on via MCOL (this was all prior to me knowing about CAG) and just wrote I have no idea what this debt is for and would appreciate more information. Then received a letter saying they were not pursuing it and if I come to a satisfactory arrangment that would be fine?

 

Hope you have got that CCA off. It definitely sounds unenforceable from this.

"Why CCJ when you can CCA!"

Link to post
Share on other sites

if my nerves will take it

 

The first one is always the hardest:wink:. I'm currently helping someone who has £300k of unsecured debts:cool: and we're batting the damn things off like mosquitoes. Haven't even had to get to the set aside phase yet but as his debt asset ratio means his creditors would get about .00001p in the £ it's not so hard.

"Why CCJ when you can CCA!"

Link to post
Share on other sites

Ech... the disclosure request was written for someone who had already sent a credit agreement request that was in default... the credit agreement request, for regulated debts, is by far the most important one...

 

I only scanned through the thread and read the first line where you requested the CCA after SD - which is why it is important that users must remember that this is a self help site and must understand what they are doing, not just copy and paste things that are right for other people and may not neccasarily fit their circumstances.

 

You must send it, immediatly, if you haven't already done so.

 

Agreed

 

if sequenci is willing to write the set aside for you, as I non-subtle hint go with what he says:)

 

Absolutely

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Absolutely

 

Hi gizmo, just to clarify - I wasn't saying what you posted wasn't right or useful; the OP had already said they were going to send a CCA request, in which case the letter you suggested was a useful one for getting information.

 

It was just the fact the OP raised the idea of sending my letter without also sending the credit agreement request that worried me:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

It was just the fact the OP raised the idea of sending my letter without also sending the credit agreement request that worried me:-)

 

Hi Tom,

 

I agree with you - no offence taken just highlightin that people must take time to understand what they re doing. Linz is pretty up together now I think.

The whole latest regulat tactic of sending SD's is worrying me - cos some are going to slip through the net)

 

Giz

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

Thanks guys I totally agree with you - I would always clarify what I am doing is correct - dealling with legalities you know nothing about is playing with fire and getting your fingers burnt :) I do feel loads better having the support from everyone

 

Just keeping everything crossed ;)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...