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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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Help me!!! Warrant for eviction 7/7 - N244 hearing Friday


KandJMum
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Hi, what did you put in Q.10 of the N244? Did you put a budget sheet with the form?

 

I think you need to take a statement to court with you - I can help you with that, just let me know.

 

 

Ell

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Hi, Blackhorse will have been putting arrears charges on your account for every month you are in arrears. No doubt they will have added them onto the arrears so the amount they claim is arrears is probably wrong. Try to work out how many months in arrears you are and if it's a lot less than they are claiming then we need to tell the court.

 

Was the PPI mis-sold? i.e. were you told you had to have it to get the loan or are you or your husband self employed?

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OK, you'll need to tackle the PPI issue after the hearing, you won't get anywhere with that beforehand.

 

I'll start to draft a statement for you to take to court, but won't be able to post it on here till tomorrow (I have to be up early for a meeting in the morning) - are you able to get online during the day?

 

I've affixed the budget sheet we use - when filling it in remember that the amount you are offering to pay each month towards the arrears is the amount left over after everything else has been accounted for.

 

What was the reason for the arrears?

How many children do you have and what age are they?

 

You say family have offered to help with payment, can you get their contribution before the hearing? i.e. could you pay tomorrow or Friday before the hearing?

 

Ell

Budget Sheet.xls

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No need to send the budget sheet, you will need to print it off to go with the statement - are you able to print at home or work?

 

If you make a large payment when you get paid how will that impact on ay other commitments you have?

 

I'll be back on line in the morning to post the statement on here. I may need a few more details so can you keep having a look at the thread please.

 

Ell

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That's great, be back tomorrow :)

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Hi there, affixed is the statement to take to court with you. You will need to enter information where I have put XXX's at the top and also in the first paragraph (your husband's name). When you print it out make sure that your printer is set for A4 paper (not Letter size) so it all stays on the one page.

 

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner before affixing to the statment.

 

You will then need 3 sets - one for the judge, one for the other side's representative and one for yourself to refer to in court.

 

Get to the court early and ask the usher if they can put the statement in your file for the judge to read. Sometimes they will say it's too late and you can give it to him in the hearing. Also, there may be free legal advisors at court - if there are, approach them and ask them to accompany you into the hearing - they can be invaluable!

 

As it's your application the judge will speak to you first - you should then say "Sir/Madam may I give you an up to date statement" and just hand it over.

 

Any questions, just shout

 

Ellx

KandJMum N244 Statement.doc

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I think you'll be fine:) The fact that we have told the court your mortgage lender has assisted you by changing your account to interest only will help a lot. What have Blackhorse done to assist you?? nothing!!

 

Give the court a ring this morning and ask if they have legal advisors there tomorrow.

 

What time is the hearing?

 

I will be able to pick up any questions you have all day today (apart from a few meetings I have) and this evening - don't hesitate to shout out if you need to know anything or just need a bit of support.

 

By the way you are not stupid - you're just like so many other hundreds of people who get into financial difficulty for a variety of reasons and we are not here to judge you - just to help. Read through some of the other repossession threads from the last six months to a year and you will see how many have been in your situation and kept their homes :)

 

Ellx

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No, the lender should bring them to court - you are disputing them anyway because of the charges.

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Have a look at this link Mortgage Rescue scheme : Directgov - Home and community

 

At the end of the paragraph in the statement regarding the arrears figure add a sentence "We calculate the arrears to be £3,217.70".

 

Lenders have a habit of including the next payment in the arrears figure whether it is due or not - trying to make the situation look worse than it is. Fortunately judges usually see through that once it is pointed out to them.

 

Ell

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Do you know how much their monthly arrears charges are?

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217 is the total charges, but what do they charge each month? are there charges listed on any statement you have?

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OK, don't put the arrears figure in, just leave it to say that it should be lower.

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Stay positive, you'll be OK :)

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You're very welcome - looking forward to hearing your good news tomorrow :)

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That's wonderful ! I'm so pleased for you, well done for being so brave:)

 

Relax tonight and enjoy your home and family

 

(told you you'd be ok!)

 

Ellx

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