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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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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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 
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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

Anglia visit today to repo - Scotland

logbookloanhell
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logbookloanhell

logbookloanhell

Posted
Posted

Hi again,

 

My parents had a visit today from a dodgy representative and seemingly his wife looking for my car to repo.

 

I called the guy as he left his number and he pretty much admitted that he cant take it from a private driveway but if it hits the public road then he will snap it up quickly even although he doesnt even have a court order. Well he cant get a court order cos it wouldnt be granted in SCotland!!!

 

He says he will visit several times and report bk to LBL. I told him good luck in his endevours but no way jose are they getting my car. He claims the DONT need a court order which is lies although im fully aware they will take it if they get a chance.

 

The car is far far away and is secure but can any1 give me any kind of advice and also does any1 know a lawyer who specialises in this field ??

 

ta!

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cctv engineer

cctv engineer

Posted
Posted
I dont have a bill of sale CCTV.

 

its a hire purchase agreement. its worth 3 grand and its 4 yrs old

 

 

Hi logbook on your hpi it is a bill of sale. what paperwork have you had from lbl. i.e termination letters/court letters/ and your balance

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cctv engineer

cctv engineer

Posted
Posted
iv had quite a few letters inc termination, no court letters though.

they want £1700 today which apparently still leaves £11000 outstanding!!!!!!!!!!!!

 

I thought a bill of sale is not valid in scotland cctv?

 

 

a bill of sale is not valid in scotland and can not be exicuted in scotland under scots law. but your problem is you went with a company in england.

 

logbook...... you need to see a solicitor tomorrow i am going to pm you what you need to ask your solicitor.

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trooper68

trooper68

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If they gave you a Loan with a BoS and did not refuse then thats there problem, they should have declined you the loan full stop, heance the way they train the reps, they will seel to any one due to commision-this actually proves it really-think about it, the BoS cannot be signed by someone benifited from the sale-by the BoS law... So if the rep sold you the car and kept the commisson secret, no one knows any better...BoS can stand....

 

He's what I would do, hunt down the BoS laws, print them off, when he turns up (agent) tell him to his face, then give him a sealed letter for LBL containing the BoS laws, high light the Valid only in England and Wales bit, tell him that if he makes any move to take the car-you will hold HIM personally accountable for the removal of my car. Ask him for the Car Removal Certificate number-he must give you this if you request it, I bet you he will not, as he won't have one...

 

 

 

Trooper68

Trooper68:)

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cctv engineer

cctv engineer

Posted
Posted
If they gave you a Loan with a BoS and did not refuse then thats there problem, they should have declined you the loan full stop, heance the way they train the reps, they will seel to any one due to commision-this actually proves it really-think about it, the BoS cannot be signed by someone benifited from the sale-by the BoS law... So if the rep sold you the car and kept the commisson secret, no one knows any better...BoS can stand....

 

He's what I would do, hunt down the BoS laws, print them off, when he turns up (agent) tell him to his face, then give him a sealed letter for LBL containing the BoS laws, high light the Valid only in England and Wales bit, tell him that if he makes any move to take the car-you will hold HIM personally accountable for the removal of my car. Ask him for the Car Removal Certificate number-he must give you this if you request it, I bet you he will not, as he won't have one...

 

 

 

Trooper68

 

 

 

 

no point looking at the scotish law about a bill of sale. it is scots law that stops them being used in scotland IT DOES not cover you at all if you have taken a bos out with a company in england.

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trooper68

trooper68

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Posted
no point looking at the scotish law about a bill of sale. it is scots law that stops them being used in scotland IT DOES not cover you at all if you have taken a bos out with a company in england.

 

They cannot enforce it full stop, if they do they will be braking the law...

They have to go through the courts in scotland.

 

 

trooper68

Trooper68:)

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cctv engineer

cctv engineer

Posted
Posted
They cannot enforce it full stop, if they do they will be braking the law...

They have to go through the courts in scotland.

 

 

trooper68

 

 

if you are the original person on the bill of sale then no court order is needed as signed on the bill of sale...... a court order is only needed if you have stored your car at another location other than the address on the bill of sale or if the car has been sold onto a third party.

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logbookloanhell

logbookloanhell

Posted
  • Author
Posted
if you are the original person on the bill of sale then no court order is needed as signed on the bill of sale...... a court order is only needed if you have stored your car at another location other than the address on the bill of sale or if the car has been sold onto a third party.

 

 

CCTV, I do not have any Bill of sale attached to my car which LBL cofirmed today. They gave me a hire purchase agreement as an alternative, as per my other post have u ever heard of a memorandum of delivery as this is what they claim gives the the legal right to take thecar without any order etc

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cctv engineer

cctv engineer

Posted
Posted
CCTV, I do not have any Bill of sale attached to my car which LBL cofirmed today. They gave me a hire purchase agreement as an alternative, as per my other post have u ever heard of a memorandum of delivery as this is what they claim gives the the legal right to take thecar without any order etc

 

 

 

Hi logbook. did they look at your car when you took the loan out. also you have posted your hpi check. and it is listed as a chattle morgage. can you post your agreement up ???

 

a memorandum agreement is just like a bill of sale except no court has to stamp it. either party can stop the agreement at any time with full payment or collection of goods listed on the agreement. in your case your car. but unlike a bill of sale the amount on the agreement is the loan amount ..... no stupid interest.

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logbookloanhell

logbookloanhell

Posted
  • Author
Posted
Hi logbook. did they look at your car when you took the loan out. also you have posted your hpi check. and it is listed as a chattle morgage. can you post your agreement up ???

 

a memorandum agreement is just like a bill of sale except no court has to stamp it. either party can stop the agreement at any time with full payment or collection of goods listed on the agreement. in your case your car. but unlike a bill of sale the amount on the agreement is the loan amount ..... no stupid interest.

 

 

Hi there, here is the hpi check:

 

Alert Details

Outstanding finance

Recorded against VRM

Description x

Date x/x/2010

Finance house LOG BOOK LOANS LTD

Finance house telephone 0870 033 9530

Agreement reference F0343xxxxxx

Agreement type Chattel Mortgage

This is a complicated area of lending and is sometimes referred to as a 'Bill of Sale'. A Chattel mortgage might give

the finance company right of ownership over the vehicle and you would be advised to make further enquiries before purchasing.

 

if you remember I faxed my agreement to yourself CCTV

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cctv engineer

cctv engineer

Posted
Posted

Hi. logbook, this might sound hard on you but i have to get some points across. on the 4th of june you was to see a solicitor ..... did you go. ???

also you have had a termination notice from the 3rd of june giving you 16 days (that ends tomorrow) you will get alot of help on here but none of it is any good if you dont help yourself. 2 people have lost there cars this week from the forum.

 

please use photobucket and load all your paperwork up so as we can all see and help you. Image hosting, free photo sharing & video sharing at Photobucket

 

dont let it get as far as lbl getting a court order against you.

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