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    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
    • LPA.  (I'm fighting insolvency due to all the stuff that he and lender have done).  He appointed estate agents - (changed several times). Disclosure shows he was originally appointed for a specific reason (3m after repo) : using his powers as acting for leaseholder to serve notice on freeholders (to grab fh).  There was interest from 3 potential buyers. He chose one whose offer depended on a positive result of the notice.  Disc also shows he'd taken counsel advice - which was 'he'd fail'.  He'd simultaneously asked to resign as his job (of serving notice) was done and he'd found a buyer.  Lender asked him to stay on to assign notice to the buyer.  Notice failed, buyer didn't buy.  So receiver stayed.  There was 1 buyer who wanted to proceed w/o fh but receiver/ lender wasted 1y trying to get rid of them!  Disc shows why. But I didn't know why at the time. In later months Lender voiced getting rid of receiver. Various reasons - including cost.  But there's a contradiction/ irony: as I've seen an email (of 4y ago) which shows the receiver telling lender not to incur significant costs and to minimize receiver costs.    Yet lender then asked him to serve another notice - again counsel advice indicated 'he'd fail'.  And he did fail.  But wasted 3y trying and incurred huge legal costs - lender trying to pass on to me. Lender interfered - said wanted to do works.  Receiver should have said no.  But disc. shows he agreed to step aside to let them do the works - on proviso lender would discuss potential costs first (they didn't), works wouldn't take long (took 15m), and lender would hold interest (they didn't) (this last point is crucial for me now - as I need to know if I can argue that all interest beyond this point shouldnt be allowed?)   I need to check receiver witness statement in litigation with freeholders to see exactly what he said about 'his position'. But I remember it being along the lines of - 'if the works increased the value of the property he didn't have a problem'.  Lender/ receiver real problems started at this point. The cost of works and 4y passage of time has meant there is no real increase in value. Lender (or receiver) didn't get any permissions (statutory or fh) (and didn't tell me) and just bulldozed the property to an empty shell.  The freeholders served notice on me as leaseholder for breach of covenants (strict no alterations).  The Lender stepped in (acting for me) to issue notice for relief of forfeiture - not the receiver.  That wasted 2y of litigation (3y if inc the works) and incurred huge costs (both sides).  Lender's aim was to do the works that every potential buyer balked at due to the lease restrictions.  Lender and receiver knew couldn't do works w/o fh permission. Lender did them anyway; receiver allowed.  Receiver remained appointed.  I'm arguing lender interfered in receiver duties.  Receiver should have just sold property 4-5y ago w/o allowing any works.  Almost 3y since works finished the property remains unsold (>5y from repo). The property looks brand new - but it was great before.  The lender spent a ton of money - hoping that would facilitate a quick sale.  But the money they spent and the years they have wasted has meant they had to increase sale price.  It's now completely overpriced.  And - of course - the same issues that put buyers off (before works) still exist.   The receiver has tried for 2y to assert the works increased value. But he is relying on agents estimates - which have proved highly speculative. (Usual trick of an agent to give a high value to get the business - and then tell seller to reduce when no-one buys.). And of course lender continues to accrue interest (despite 4y ago receiver saying pause interest). Lender tried to persuade receiver to use specific agent. Disc shows this agent was best friends with the lender's main investor in the property.  Before works this agent had valued it low.  After works this agent suggested a value 70% higher!  The lender persuaded receiver to sack one agent and instead use this agent.  No offers. (Price way too high).   Research has uncovered that this main investor has since died.  I guess his investment is part of probate? And his family want it back?    Disc shows the sacked agent had actually received a high offer 1y ago.  Receiver rejected it.  (thus I don't know if the buyer would have ever proceeded). He was relying on the high speculative valuation the agents had given him to pitch for the business. The agents were in a catch-22.  The receiver sacked them. Disc shows there has been 0 interest ever since (inc via new agent requested by lender). I don't think lender or receiver want all this to come out in public domain via a trial.  It will ruin their reputations. If I can't get an order for sale with lender - can I apply separately against receiver?
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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.

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      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
      • 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

Help with giving up smoking


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I'm trying to give up smoking, I'm using a vape pen which helps most of the time but at other times I get so stressed I will give in and buy a packet of cigarettes. I'm disabled and housebound and felt that cigarettes were my only enjoyment I had left. I'm really trying hard to give up not only for health reasons but it is so expensive, I'd appreciate any suggestions to help stop me giving into temptation when I get stressed out. :???:

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well done for taking the first step , one of the problems is finding what works for you .

 

How I did it was I use losegnzes alongside cigarette but gratly reduced and then I found after a few weeks I stopped with the cigerettes and then you try to get off the lozegnes . however sinc eyou are vaping you are still smoking so not gaining anything by vaping .

 

Have you had a word with your GP or looks for the NHS stop smoking clinic near you I now your housebound but maybe your GP could help

 

good luck

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Welcome. It's a very tough call.

 

Difficult to give the magic technique but I expect that one very good idea is to get supportive people around you - and this forum could be a start. If you try and post each day - or more often - I expect that you will attract other people who are in the same boat or who have been in the same boat and will encourage you.

 

Do you smoke inside your home?

 

Another support technique might be to start thoroughly washing and cleaning everything to get rid of the smell. Enjoy the freshness and then start to develop a revulsion for the odour if you start to stray.

 

If you smoke in the garden - the stop doing that. If you have to have a cigarette then smoke in the street. Set these goals and see how that helps.

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I tried with a vape pen and completely failed. I convinced myself I was doing OK by just substituting the odd cigarette with a few puffs on the vape, but was probably still smoking as many ciggies as ever and abandoned the vape within a couple of weeks

 

That was until my wife resolved to give up with a proper vape - in her case an Arc Mini from Totally Wicked. Cost about £40 with the first bottle of 'juice' and she has not even wanted a cigarette since - and that was many months ago. So impressed was I that I bought the same and since I first used it I am proud to say that I have not touched - or even been tempted to have - a cigarette. Not once in about 5 months have I even missed cigarettes even standing with cigarette smokers outside work the smell doesn't bother me. Probably use about 2 bottles of liquid a week and instead of the £4.99 Totally Wicked ones I now tend to get some funky flavoured ones from Poundland or other shops

 

OK I am still smoking (vaping) but spending less than 5% of what I was and I am only taking in the Nicotine and not the nasty stuff. If you are going to do it that way, it has to be all or nothing - don't even try to cut down the cigarettes and substitute with a vape. It won't work!

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I used to smoke 60 a day, then had a heart attack, followed by a quad bypass. Stopped smoking because I needed to. Then started again. Wife also smoked and she was in need of having stents in her legs to improve circulation. We both tried to stop & failed then took the plunge and saw a hypnotist - cost £260 each - but at the time that was equivalent to a months fags. Upside is I've never smoked since but wife still does. Downside is I've never been away from the doctors with various ailments & have piled the weight on but a lot of that is medication related. Do I feel better for it - overall yes.

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  • 5 months later...
Guest Allen Baldreich

It is indeed a positive step that you have taken, understanding and accepting the fact that you need to address the issue of smoking. Nicotine is a highly addictive substance and in order to get a full detox, you need to consult de-addiction and rehab centres that specialize in the same.

 

Many require CBT or cognitive behaviour therapy that helps people analyze the root of all addiction. I think its high time government took measures in cutting down the tobacco import and production of tobacco-based products.

 

According to latest studies , lung cancer is the deadliest of all cancers, claiming 154,050 American lives in 2016 alone and men who smoke are 23 times more likely to develop lung cancer than those who don’t smoke.

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I failed many times.

I enjoy smoking and that's the main problem for me.

However I found myself struggling in a pub brawl recently, I was gasping for air.

Well, got to accept that oep target is within reach and maybe I got to start looking after myself if I still want to have fun.

Good luck and let us know how you quit, so I can try once again.

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I smoked for almost 40 years and have wanted to give up for a long time

 

Ive tried in the past and piled the weight on until i started again

 

4 months ago i bougth a good proper vape and have not had a cigarette since, I now even make my own juice, all the stuff cost me about £70 but now i have enough to last me at least 2 years, So the cost is tiny

 

Best of it is that in the 4 months i have not had a cigarette, I have put no weight on at all, And i feel so much better, My breathing is way better

 

And the black jack flavoured juice that i use tastes better than any ciggy that i ever smoked

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I gave up smoking by vaping six years ago and the one thing I would tell people who want to try that method is to invest in good kit. It does seem an expensive outlay but it really is worth it. Vaping makes it easier - not easy.

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  • 1 month later...
Guest marshallbrown

Cold Turkey is the best way to quit, I quit smoking this way, I used to smoke 20 to 30 cigarettes daily but then I quit due to health reasons and now I am much better than before. I suggest you to quit cold turkey and try to quit when you don't have any work to do just concentrate on yourself for 4 to 5 days after that you will start feeling better.

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