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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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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.

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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.
      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

The one that got away!!!

jacobsr

By jacobsr
in Log Book Loans / Bills of Sale

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jacobsr

jacobsr

Posted
Posted

Hi everyone

 

just a quick update on my battle with lbl. i have now passed this matter to a solicitor to deal and i guess its the same one that every body recommended. However last week wednesday, the repo guys visited my premises to try to repo the car. They actually managed to sneek into the car park without the knowledge of the porters but fortunately were spotted by him trying to repo the car. i was immediately alerted by the ported and i decided to comfront them. A huge comfrontation erupted within the premises as a result of them trying to take the car and me preventing them from doing so. Luckily, i spotted an opportunity and drove away with the car before they were able to take it outside of the car park. During this confrontation i was assaulted by the repo guys who were quite intimidating. Any how, once i drove off i decided to hide the car for the night some where else. The next morning, i went to report the assault at the police station and on my way back i stopped at a petrol station and as i was filling up at a petrol station, i noticed a van pull up next to the car and thought it to be suspicious. i immediately went back to the car and the driver of the van whom i recognised from the night before started to shout at me to see if i recognised him. i completely ignored him and got into my vehicle and tried to drive away, he decided to try to block me in but i wasnt having any of that. i found a gap which i used to drive past him and a chase ensued. This van continued to pursue me through the busy rush hour and also breaking red lights in order to try to catch me but unfortunately for them, i was in a much faster car and they were not aware that i was a cross between Lewis Hamilton and James Bond. Eventually, i managed to shake them off, however, i recognised that this was quite a dangerous position to be in were someone an innocent member of the public could have been killed during this pursuit.

i have since reported this incident to the police and they have mentioned to me that they will be in contact with the animals who were involved.

 

i have since hidden the car and informed my solicitors of this incident but does this mean that if i was driving along on the road and i was spotted, then i will have a repeat of this dreadful street chase? What can be done to prevent these kind of confrontation.

 

The Bos is disputed as it was witnessed by the sales rep instead of an independent witness. Any advice will be appreciated ........Please Help

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Fleeced73

Fleeced73

Posted
Posted

It sounds to me that the car will have to remain in hiding at all costs until LBL call the dogs off. I bought a 'runabout' 20 yr old VW Polo last week for winter, for £100. It sailed through an MOT and goes very well for an old pram - and does 45mpg. Maybe a cheap hack is something you may have to consider in order to stay mobile? What 'repo' company was it?

Regarding, the BOS - as your solicitor will no doubt inform you that is just one questionable element of your case with LBL!

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JonCris

JonCris

Posted
Posted
Hi everyone

 

just a quick update on my battle with lbl. i have now passed this matter to a solicitor to deal and i guess its the same one that every body recommended. However last week wednesday, the repo guys visited my premises to try to repo the car. They actually managed to sneek into the car park without the knowledge of the porters but fortunately were spotted by him trying to repo the car. i was immediately alerted by the ported and i decided to comfront them. A huge comfrontation erupted within the premises as a result of them trying to take the car and me preventing them from doing so. Luckily, i spotted an opportunity and drove away with the car before they were able to take it outside of the car park. During this confrontation i was assaulted by the repo guys who were quite intimidating. Any how, once i drove off i decided to hide the car for the night some where else. The next morning, i went to report the assault at the police station and on my way back i stopped at a petrol station and as i was filling up at a petrol station, i noticed a van pull up next to the car and thought it to be suspicious. i immediately went back to the car and the driver of the van whom i recognised from the night before started to shout at me to see if i recognised him. i completely ignored him and got into my vehicle and tried to drive away, he decided to try to block me in but i wasnt having any of that. i found a gap which i used to drive past him and a chase ensued. This van continued to pursue me through the busy rush hour and also breaking red lights in order to try to catch me but unfortunately for them, i was in a much faster car and they were not aware that i was a cross between Lewis Hamilton and James Bond. Eventually, i managed to shake them off, however, i recognised that this was quite a dangerous position to be in were someone an innocent member of the public could have been killed during this pursuit.

i have since reported this incident to the police and they have mentioned to me that they will be in contact with the animals who were involved.

 

i have since hidden the car and informed my solicitors of this incident but does this mean that if i was driving along on the road and i was spotted, then i will have a repeat of this dreadful street chase? What can be done to prevent these kind of confrontation.

 

The Bos is disputed as it was witnessed by the sales rep instead of an independent witness. Any advice will be appreciated ........Please Help

 

I do hope that you have also reported this incident to your solicitors as I think this conduct be LBL may be not only criminal but also a breach of the court injunction granted very recently.

 

Correct as is the case with any witness they should not be a beneficiary of the document they attest to OR it's consequences in any way

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Guest BURP

Guest BURP

Posted
Posted
to try to catch me but unfortunately for them, i was in a much faster car and they were not aware that i was a cross between Lewis Hamilton and James Bond.

 

Reading this post really made me chuckle! I dont know much about LBL other than they are heavily critisised by the media for committing extortion and taking advantage of the vulnerable. I do know a Bill of Sale is part of common law and there is no restriction preventing a sales rep from standing as a witness provided that he is neither the seller or buyer in the contract.

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Fleeced73

Fleeced73

Posted
Posted

There's a piece in todays News Of The World about LBL - they visited the country mansion of director Iain Shearer and the big house of director Barry Pilgrim and warned readers not to touch them with a bargepole. Apparantly their latest 'angle' is to offer folk quick money for christmas....

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JonCris

JonCris

Posted
Posted
Reading this post really made me chuckle! I dont know much about LBL other than they are heavily critisised by the media for committing extortion and taking advantage of the vulnerable. I do know a Bill of Sale is part of common law and there is no restriction preventing a sales rep from standing as a witness provided that he is neither the seller or buyer in the contract.

 

 

Anyone who is a direct beneficiary of the agreement whether it be via commissions or salary should not act as a witness otherwise the doc isn't lawful

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Guest BURP

Guest BURP

Posted
Posted

From what I can see is two parties agree to sell a car. LBL the buyer then lends the car back to the seller for a sum. The interest rate is too high for the buyer to cope and LBL reclaims the car. It needs legislation to counter it. The EU (e.g. France) already does by setting an upper limit on maximum interest rates which must include fees and charges per sum. The LBL business model only works in the UK at the moment because there is no maximum prescribed interest rate.

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JonCris

JonCris

Posted
Posted

That's correct Burp but it's frequently alleged by debtors that the significance of the BoS is not explained. In other words it's alleged that the debtor is not told they have just sold their vehicle only that they have offered it as security.

 

Also it's alleged that they are not told that the vehicle can be repossessed at anytime (even when the bulk of the loan has been paid) without the need for court action

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Guest BURP

Guest BURP

Posted
Posted

Then a seller could have restitution under Schedule 2(1) et-al of Regulation 5(5) of the Unfair Terms in Consumer Contracts Regulations 1999. irrevocably binding the consumer to terms with which he had no real opportunity of becoming acquainted before the conclusion of the contract

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  • 1 month later...
ukdeveloper

ukdeveloper

Posted
Posted
That's correct Burp but it's frequently alleged by debtors that the significance of the BoS is not explained. In other words it's alleged that the debtor is not told they have just sold their vehicle only that they have offered it as security.

 

Also it's alleged that they are not told that the vehicle can be repossessed at anytime (even when the bulk of the loan has been paid) without the need for court action

 

 

May I ask if they can repo the car even if ALL payments are up to date and no arrears are in force?

 

Thanks

 

C.

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Guest LBL Hunter

Guest LBL Hunter

Posted
Posted

Nice job!

 

I have actually won a case similiar to this with the BoS being witnessed by rep.

 

My lawyer ripped LBL to shreds, with some obscure laws he new about.

 

Now I'm suing for charges.

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  • 2 weeks later...
caro

caro

Posted
Posted
Nice job!

 

I have actually won a case similiar to this with the BoS being witnessed by rep.

 

My lawyer ripped LBL to shreds, with some obscure laws he new about.

 

Now I'm suing for charges.

 

Perhaps you could start a thread about this LBL Hunter. I'm sure plenty of people would be very interested to hear about it.

 

Which obscure laws did your lawyer use? I assume this wasn't Stephenson's - or was it?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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