Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 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

Information/Advice required:


churchyboy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6701 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I am currently negotiating on my parents behalf with NatWest regarding payment of secured & unsecured debts. I have made an offer to clear the secured debts as I see this as a priority, but would appreciate any information on the courses of action that NatWest would take in re-couping the unsecured debt. Current discussions have resulted in NatWest advising me to refer my case again to the Financial Ombudsman, and that NatWest will place a charge against my parents property against the unsecured debt. My understanding is that a charge cannot be placed against an unsecured debt. Any help on this matter would be greatly appreciated, as I am constantly meeting barrier after barrier whilst trying to negotiate with NatWest.

 

Regards

 

Paul

Link to post
Share on other sites

It's one of the scandals of the credit industry that unsecured debts can be converted into secured debts through the courts. For this to happen the creditor has to get a county court judgement which the debtor doesn't pay. The creditor then applies for a charging order which is initially granted without any sort of hearing or notification to the debtor. When the debtor is eventually told there is another hearing at which the charging order is made absolute. This means that if the property is sold, the creditor is paid off in the same way as any mortgage.

 

The scandal is that the original creditor will have sold the product on the basis that it is unsecured, riskier than a secured product and therefore subject to a higher interest rate.

 

In theory a creditor with a charging order can obtain a court order for the sale of the secured property. In practice this is not often granted by the courts because (a) it would usually cause a family to become homeless and (b) as a rather pathetic attempt to justify the ease with which charging orders can be obtained.

 

The best defence against a creditor intent on getting a charging order is to make sure that you respond to the initial county court claim. Assuming that you don't intend to defend the claim, you should complete the income and expenditure part of the summons documents and indicate what you can afford to pay. Also get the hearing transferred to your local county court (this is your right and there is a section in the forms to request this) and go along to the hearing. If the judge accepts that your income and expenditure statement he will set affordable monthly payments (much more affordable than any creditor will ever think is reasonable). If you stick to these payments the creditor is not allowed to apply for a charging order. Miss one, however, and they can.

 

Some creditors view charging orders as the holy grail of debt collecting and they will do almost anything to get one if they can't get immediate payment. Tricks include trying to have the case heard at their local county court where they have a "good relationship" with the staff and also going for "forthwith" judgements which require immediate payments. If you don't complete an I&E form and they get a forthwith judgement, they can and will apply for a charging order as soon as they possibly can (I think it's 28 days after judgement). Once the order has been granted you can still apply to pay the debt on an instalment plan sanctioned by the court but the charging order will not be removed.

Link to post
Share on other sites

Seminole,

 

Thanks for the reply, it was a real eye opener.

 

My parents have never defaulted on any repayment arrangements with NatWest, it just seems that they are soft targets for NatWest to turn the screws on.

The offer made on their behalf against the secured debt completely wipes them out financially, but it looks like the only possible route. I am amazed that these financial institutions can convert unsecured debt into secured debt!

 

Regards

 

Paul

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6701 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...