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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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Unsecured loans - Can they place a charge on your property?


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Got a freind who cant make his payments on an unsecured loan. The Lender (Lombard) have commenced legal proceedings and he has a court date. However he has also received a letter from the Land Registry which is entitled "Notice to a registered proprietor of an application to enter an agreed notice" Can a lender of an unsecured loan place a charge on his home?

 

Anyone got any advice please?

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Hi Poodge. I don't really have any advise for you, but yes they can. The same thing happened to me when Citicards took a charge on my house for a credit card debt.

 

The card limit was about £750, but with charges etc they wanted over £2500. This was before I found CAG and I didn't do anything at all so they won by default, so to speak.

 

They have made no move to repossess the house and they told me it was only to secure the debt so they were, to all intents and purposes, guarenteed payment in the fullness of time and I have only been paying them a pittance each month. I am yet to claim all the charges back but it is a project for the near future. ;)

 

What I would say is that your friend should fight it all the way. I believe the courts are quite supportive on matters like this.

 

I am sure that someone with a lot more knowledge than me will be along shortly to give you some real advise.

 

Best of luck.

 

T. :cool:

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Yes they can I am going through this process with Nationwide with an unsecured loan. I suggest you read some of the legal threads on this forum to get some insight into charging orders.

pecky1

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Yes, a charging order can be set for any unsecured debt over the amount ot £750.00. It is usually a way of giving the creditors security i.e when you sell the property, their debt would have to be repaid in full before anything else.

 

You should be notified of a hearing date which is worth attending to represent yourself, and state why you do not wish for the charge to be granted i.e in order to treat all creditors fairly etc.

 

Hope this helps x

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Reading the initial post it appears that you have only just received Court papers regarding this outstanding debt. If this is the case the creditor should not be trying for a charge on the property, if they are it would indicate you already have a CCJ for the debt?

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