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

      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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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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NDR/Marshall Hoare Balliffs repayments


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Hi,

 

This is my first post but I've been reading the posts for a couple of months now.

 

I guess like many of you, I've got myself into a financial mess by living beyond my means and borrowing from payday loan companies. After two years of burying my head in the sand and constantly borrowing month on month and roll over some loans. I eventually got help from payplan and managed to set up a debt management plan.

 

Most of my creditors were reasonable and accepted the plan and all phone call/emails have stopped apart from one... Toothfairy finance. A £400 loan has somehow spiralled to £1846. I've already paid back £236 on it and I reckon I will pay them £600 in total, original loan + 1 months interest plus reasonable amount for default. Also to say I never missed a month paying at least some money to them.

 

Debt now supposedly owned by Marshall Hoare. I'm now aware after reading through the forums that the 3 companies are one and the same. Problem is they refuse to talk to payplan. I'm currently paying £34.20 a month to them (through payplan) and they say they can only accept £40 minimum to freeze charges etc. Technically I could make up the difference but I refuse to as I will then be given them preferential treatment over my other creditors and they have caused me so much stress I won't do it.

 

After weeks after phonecalls from Marshall Hoare where I explained I could only afford £34.20 and they can keep putting charges on because I still won't pay more. I then got a phone call from NDR who said they will accept my £34 a month. I was wary of agreeing to this so I told them to email me the details and I will look over it before I agree to anything.

 

This is what I was sent

 

Dear Pastor 123

 

I am writing to confirm your conversation with our agents / debt collection agencies regarding your Pay Check Credit Loan* and your agreement to pay:

 

12.12.12 - £34.00

12.01.13 - £34.00

12.02.13 - £34.00

12.03.13 - £34.00

12.04.13 - £34.00

12.05.13 - £34.00

12.06.13 - £34.00

12.07.13 - £34.00

12.08.13 - £34.00

12.09.13 - £34.00

12.10.13 - £34.00

12.11.13 - £34.00

12.12.13 - £34.00

12.01.14 - £34.00

12.02.14 - £34.00

12.03.14 - £34.00

12.04.14 - £34.00

12.05.14 - £34.00

12.06.14 - £34.00

12.07.14 - £34.00

12.08.14 - £34.00

12.09.14 - £34.00

12.10.14 - £34.00

12.11.14 - £34.00

12.12.14 - £34.00

12.01.15 - £34.00

12.02.15 - £34.00

12.03.15 - £34.00

12.04.15 - £34.00

12.05.15 - £34.00

Total payment of £1,020.00 to be paid by 12.05.15 to close this loan

 

 

This agreement has been noted on your permanent file.

 

PLEASE NOTE:

 

If YOU fail to HONOUR this agreement, and pay as agreed, our systems will AUTOMATICALLY take the following actions:

 

1. FULL fees and charges will be added to your account.

 

2. Full interest will be added retrospectively.

 

3. An application will be made to the courts for a County Court Judgement to be registered against your name, an application will then be made for a Warrant of Execution to either seize goods and/or obtain an attachment of earnings / benefits. Bailiffs may be instructed.

 

This should be taken seriously. It is ESSENTIAL you honour the agreement you made

 

 

 

 

So basically they want me to pay £1020 on top of the £236 I've already paid, which I'm obviously not going to do. Since this was sent the daily phone calls have stopped. My question is should I not contact them, continue to pay my £34.20 through payplan until the £600 is paid off and then cancel payments? Or contact them and tell them I don't agree to this and will only pay them £600? It is a relief not having to speak to them all the time and have the same conversation, but as I obviously never agreed to THEIR payment plan should I let them know now?

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Don't contact them - they make it impossible to have any form of written proof so you can't have any evidence that you are making an attempt to pay back! My advise is to get any correspondance from them over to the OFT and not worry at all. You have more chances of winning the lottery than these idiots carrying out all the empty threats they will throw at you.

 

You owe them THE ORIGINAL AMOUNT + CONTRACTUAL INTEREST no more, no less! Forget all these bloody fantasy charges they have added on! They think they can bully you. You have to put up a fight and only pay what you owe!

:jaw::mad2::jaw:
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Thanks Thaiboxer. My first thought is along the same lines as you. They've caused me so much stress and I've not been reasonable at all. I'm not disputing that I owe them what I borrowed but I'm not going to pay them them ridiculous amounts of money. At first I was worried about the constant threats of baliffs visits but now I realise that this is just empty threats.

 

I wish I never got involved with them but you live and you learn.

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I'm in the same situation as you dude; the latest is i owe them £2580 for a £300 loan - pah yeh right!!! Im paying £354 - because this is all i owe!

 

You signed a contract, but theres a difference between signing a contract and Law. I've been threatened with bailiffs and solicitors for WELL OVER a year now and nothing has happened - why? Because they know they have NOTHING to back them up! They KNOW they are in the wrong, they KNOW they prey on the vunerable and less educated and they KNOW I'm right and they are wrong and thinking they can use big posh words to try and confuse me and others.

 

Anyway - you need to think about covering you're behind incase (even though it will never happen) they try and get you done. I've told them I am making £1 monthly payments until I have paid them off, and they will only get the full £354 if and when they accept my final offer and they can try and get more out of me but they will have to take me to court, and it has been 3 months now and not a single threat about court, just them saying i owe silly amount still lol...

 

moral of the story - stay strong and if you get stuck or uncertain, there are plenty of people willing to help on here :-)

:jaw::mad2::jaw:
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