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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 
      • 81 replies
    • 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
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Just posted this in the repossessions forum, but thought it might be good here too.

 

Hi all, I'm posting on behalf of a friend of mine who does not have internet access. He is in a real mess at the moment.

 

Five years ago his wife left him. They divorced and he got full custody of the children as she didn't want to see them and she got 1/3 of the house. The 1/3 of the house was put off until the children turn 18 and the house can be sold.

 

Since the divorce my friend still lives in the house with his children. He is on income support. His ex-wife has run up thousands of pounds in debt buying a car, and on credit cards. She has been unable to pay them off as she got pregnant to her new boyfriend. She is now also on income support as her new boyfriend left. My friend has just heard that his ex-wife is going bankrupt and has been told that her share of the house he still lives in will be needed to pay the debts and the house will have to be sold.

 

He is terrified and worried sick now. He isn't the worlds most confident person, and although he is a fantastic dad, he can't see a way out of this. He can't afford to sell the house to give his ex-wife her 1/3 because if he does he wont have enough left to buy somewhere else for him and his children. He wont get rehoused by the council as he will be 'intentionally homeless' and at best will end up in a hell hole area miles away from the kids school and his family who do loads to help him out with the children. Because he will have a small lump sum from the 2/3's of the house he wont get benefits and will have to live off that money - which wont last long anyway.

 

Can his ex-wife force the sale of the house because of her bankruptcy? The original court order at the time of the divorce was the house couldn't be sold until the children turned 18. Can a bankruptcy court overturn that? Please if anyone can advise, my friend is in a terrible state over this and can see no way out.

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Hi, I am unable to offer any advice on this, however I am sure someone with more knowledge will be along soon. :)

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I'm slightly confused...sorry!!

 

Is her name still on the deeds? If so, are they listed as tenants in common??

 

Also, you talk about thirds but is it essentially a 50/50 split as I can't quite fathom this out!! :D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Ok, I think I understand...she only got a third put won't receive it until the children turn 18?

 

Yes, that is it. At the divorce, when it went to court, she wanted half the house and wanted it there and then. But the court ordered that she got a 1/3 (due to her not contributing to the mortgage after the split and before the court case and also because she didn't have custody of the kids), but it was deferred until the kids are 18. When they turn 18 the house has to be sold and she will then get 1/3 of the sale. However with her now going bankrupt, she is saying to my friend that she has been told she must have her 1/3 now and the house must be sold - which will make my friend and his children homeless.

 

Surely this can't be right. Can a bankruptcy court disregard the divorce court and insist the house is sold? He isn't the one in debt here, all these debts were run up by his ex-wife after they divorced.

 

@ WelshMam2009 Is her name still on the deeds?

 

Yes.

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There are several issues here.

 

1. The Official Receiver is the one who decides whether the house has to be sold, not your ex-wife. Disregard anything she says.

 

2. The matter of the house will only be relevant if there is any equity in the property after the mortgage has been paid.

 

3. The OR will have to take regard of the court order but who has priority is something I don't know.

 

4. The Official Receiver has a reputation being sympathetic and non-judgmental. They deal with many thousands of cases every year and are fully cognisant with all the issues involved.

 

You can contact the Official Receiver here - http://www.insolvency.gov.uk

You should also discuss this with the National Debtline - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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