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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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Repo court date 15th Jan


sk1979
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Hi there, firstly - don't sent the defence form electronically. You need to either take it by hand or send it by special delivery post. It has been known for the online forms to go missing and never arrive at court which would put you in an awkward position.

 

The most important part of the form is Q.27 the statement and I can help you with the text for that.

 

As you have an income and can make payments towards the arrears each month you will have no problem getting a suspended possession. There is case law we can use in your statement to support this.

 

Make any payment you can in the meantime as this will show the judge you are committed to reducing the arrears.

 

I will need some info for your statement:

 

Is the mortgage in joint names?

How much can you offer each month towards the arrears in addition to your normal monthly payment?

How many children do you have & how old are they?

 

Kind Regards

 

Ell-enn

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Hi there, you will be OK with your offer of payment towards the arrears:)

 

Do you want me to write a statement for Q.27 of the defence form? there is some case law we can use to support your offer of payment towards the arrears.

 

Ell

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Hi there, I will make a start this evening. I need to know:

 

When did you last make a payment and how much?

How much are you offering to pay each month towards the arrears in addition to the normal monthly payment?

 

Regarding the possibility of your redundancy, I would definitely not mention this - it could make your lender very "twitchy" and they may think you will encounter problems again in the future. Anyway, you have no way of knowing if it will happen or no. If you are made redundant then, as you say, you can pay the arrears off and look for another job. If you are not, then your income will sustain the monthly payments going forward.

 

Ell-enn

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Hi there, just finishing off your statement, will post here in a mo.....

 

Ell

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OK, I've affixed the statement for Q.27. You need to write in the box "please see affixed statement". You will also need to fill in the claim number and your partner's name at the top of the statement sheet. Then print out and affix to the defence form.

 

No need to mention about your returning to work in August, as the mortgage is only in your partner's name the statement has to be written concerning him only. Your income is a contribution to the household budget and it's best if you leave it as it is, that will give you some flexibility with your income when you do go back and it increases. It will be up to you then whether you make higher payments towards the arrears or not. If you inform the court that the income should increase in August you might find they will ask for an updated hearing in September to redetermine the payments.

 

If you need help with completing the rest of the form, just shout.

 

Kind Regards

 

Ell-enn

SK1979 Q.27.doc

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OK, assume you have taken a copy of everything for yourself to take to court with you on the day?

 

We can go through the hearing process nearer the time.

 

Kind Regards

 

Ell-enn

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi there, if Abbey have agreed the proposal for payment of the arrears then the hearing should be a piece of cake.

 

Make sure he arrives at court in plenty of time - if Abbey's agent at court asks to speak to him before the hearing there is no harm in it - as long as he makes sure that the agent is aware of what was arranged on the phone.

 

The hearing will be held in a private room with just your partner, the judge and the Abbey agent- they will be sat around a table or opposite each other (a bit like a meeting). When addressing the judge (probably wnon't need to) it should be Sir (or Madam).

 

He should be in and out of the hearing in 5 minutes:)

 

Looking forward to hearing your good news.

 

Ell

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Brilliant News!

 

Tell your other half well done for being so brave and well done to you too for supporting him.

 

Hope you can relax now and enjoy your home now you know it is safe :)

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Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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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