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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.  

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      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.

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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.
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      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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Capstone/welcome arrears problems advice needed


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My friend is having mortgage repayment arrears problems as follows;

she has a mortgage of 109k owing to Capstone, she has 31/2 k arrears and is paying an extra 100 pounds a month on top to try and clear the arrears, (totalling 784) a month. The tie in finishes in may 2009.

She also has a secured loan with Welcome of 20k (258 a month) they ring her up each week asking when she is going to make a full payment, she then gets scared (as she had to provide a contact list of friends and family, so if she doesn't pay or they can't get hold of her they will start ringing her contact people up ). She has offered to come in and pay an amount of money, not the full amount and they refuse to accept this, why is this, and then to make the full payment the following week. When she gets paid.

Welcome then threaten her with going to contact her mortgage provider, who she is struggling to pay also, she has only just paid the last months mortgage. Also threaten with litigation proceedings.

Basically she has 4 children, one has adhd, she works all she can fit in is paying back tax credits as overpaid but thats another issue their fault not hers, has had 2 strokes in the past, shes under 40, and is taking her ex to the csa to try and get more money for her childrens basic needs and until then hes stopped paying her maintenance so shes even more short of money.

Having been in a similar situation myself I advised her to do a income outgoings sheet, which she will do, cut down on cancellable things like sky, go over to prepayment for gas, electric, and pay the dept each week of on them.

So what is your advice.? So she can keep the roof above their heads.

Sorry its a bit rambling.

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Hi

 

I don't know how to advice properly but firstly I would say that Welcome are in the wrong for asking her to provide details of other people for them to contact.

 

Also it is important that she makes payments of what ever she can afford despite what they say, at least then should anything happen such as court she can prove that she has tried.

 

I'm sure someone with more nowledge will answer soon. You could try pm ing Ell-en she is the one that can best advice.

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Hi

 

I don't know how to advice properly but firstly I would say that Welcome are in the wrong for asking her to provide details of other people for them to contact.

 

Also it is important that she makes payments of what ever she can afford despite what they say, at least then should anything happen such as court she can prove that she has tried.

 

I'm sure someone with more nowledge will answer soon. You could try pm ing Ell-en she is the one that can best advice.

 

 

Hi, thank you for your reply, hopefully someone will come along with some advice for her regarding her mortgage arrears payments and how to proceed, thanks

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lived with a suspended possession capstone/SPML for 13 months now. I pay contractual payment £50 that is what they settled on. you need to do and income and expenditure for both welcome and capstone.show how much you can afford and then sit back.If goes to court the judges have had instruction to be lenient unless u a habitual none payer.they have offered to capitalise my 3 k of arrears now

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Hi there, sorry you've had to wait for advice. Your friend needs to write a letter to both Welcome and Capstone outlining her proposal for repayment of the arrears i.e. an amount each month in addition to the normal monthly payment. A budget sheet should accompany each letter and I have affixed one to this post.

 

If she needs help with the letter I am happy to draft one for her.

 

Government guidelines require lenders to negotiate and offer ways to avoid repossession and they should be reminded of that, as if they go to court they will need to prove they have tried to help.

 

Kind Regards

 

Ell-enn

Budget Sheet.xls

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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