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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
    • Hi, I've been reading through many of the stories in the sub-forum and I understand the process to be to send a Letter of Claim to the EVRi - in the post and to their customer support email and to sign up for MCOL.  I have looked at the various Letters of Claim and the MCOL claim forms - particulars of claim and I have gone through all of the screens on MCOL website to put in the final details so it is ready to go after the 14 days from when I send the Letter of Claim (of course assuming that EVRi dismisses my Letter of Claim to pay me in full!).  I also see the advise is to decline any mediation particularly because I have specified the parcel contents and value to EVRi when shipping it. I have put both the Letter of Claim and the forms from the MCOL particulars of claim into a single PDF for review.  The stories in the sub-forum often indicate people shipping with EVRi but some purchase through or have involved such companies as Parcel2Go and so I wasn't sure about the statement I made in the Letter of Claim if it was totally accurate to say "I am applying my third party rights under the Contracts (Rights of Third Parties) Act 1999"? I just wanted to confirm the correct wording.  In my case the parcel shipment was paid for on the EVRi website and sent at the Tesco EVRi Parcelshop.  On the MCOL claim form I have referenced Section 57 of the Consumer Rights Act 2015 in response to EVRi customer service hiding behind their lack of ability to insure delivery of laptops and their bogus non-compensated and prohibited items as a means to avoid any responsibility for them losing such items. Thank you for taking a look to see if there are any inaccuracies or amendments to the Letter of Claim - when it is looking good I will send via email and post it to EVRi.  Having drafted the particulars of the claim on MCOL, I shall be ready to submit the claim on the MCOL site when the 14 day period has elapsed and proceed from there.   Thanks for everyone's help! Letter of claim and MCOL Particulars of Claim.pdf
    • Wow quite surprised by your response in all honesty as I can’t see where you have requested details of the car. The car is insured and that was budgeted for and paid in full, the increase of £5k is because of the modifications, which no we didn’t budget for as we didn’t plan to buy a modified car, so no that doesn’t form any part of wanting to return the car, perhaps you don’t understand the impact modifications have on insurance premiums? Thanks for your help so far but feel going the legal route probably suits us better.
    • new thread created for the court claims. please complete this twice and i'll make another thread from the 2nd PDL Claimform we need to keep them sep.  
    • Most banks do not have any customer service staff available to support those opening a new current or savings account, according to research for Investec Bank.View the full article
  • 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 
        • 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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Hello this is my first post here, found this site while trying to find info to deal with my predicament:-

 

I'm a married man with two young children, 9 months and 2 years. My wife and I have struggled with money since the birth of our first son as she had to go to part time due to childcare issues. Though it took us a year later to truly understand the mess we were in as the overdraft got bigger and the credit cards were having the tesco's shopping put on them now and again. The minimum payments got bigger etc, the overdraft said no more. I sat and sorted the money out and realised we were in huge debt. £32k+. That could be even more when I am finished sorting out the 100% mortgage deal that seems to include a futher £15k loan.

 

Anyway, got in touch with National Debtline around 7-8 months ago and followed their lead in sending letters to creditors, of which there are seven, varying in my and wifes names. A few 3-4 agreed a minimal £1 a month, while Virgin and Nationwide persisted in hassling me etc.

 

A few weeks ago I made an improved offer to Nationwide as I had managed to cut down some expenditure. The offer was around £37 but was refused and last friday I recieved my CCJ. The court in Swindon decided that I can afford £357 a month lol. I spoke to Debtline again and I am in the process of asking for a redetermination at my local court. Debtline said that they may not have accepted my offer or judged anywhere near it because it would take 21 years to clear of the £9k+ loan. My budget sheet is wll within guidlines and my money left over for creditors is only £122 joint income for me and my wife. Offer to creditors is prorata by the way. I have to currently pay the first installment by 3rd of jan 2010 which i cannot afford. They have sent me a letter saying they will look for a charging order.

 

My question is should I be looking to go bankkrupt (excuse spelling). My mortgage is worring my wife as the 100% mortgage includes the £15k unsecured loan. Though the payment is as one. I mean mortgage Northern Rock £90k and £15k loan = £105000 one payment to Northern Rock of £620.55 a month. How do these mortgages work? Should I not pay the full price and make Northern Rock a pro rata payment on the loan or continue to pay it as it is.

 

If redetermination is no good and they want me to pay £320 more than I can afford a month, should I look to go bankrupt before it becomes sercured loan???

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Sorry to hear about your plight. Rest assured you are not alone in having difficulties.

You have made some good judgments - National Debtline can be a great help.

 

As far as the claim in the County Court goes you should have attended with all your documents so that the judge could see what you could afford. This is why you now have to for a redetermination hearing. (Hindsight is a wonderful thing...).

 

One question for starters : is there any equity in your house once the mortgage is repaid? In other words are you in negative equity?

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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Been going through paperwork today and have been searching on web for information on my mortgage. It's the Together mortgage. It's breakdown goes like this 90k mortgage + 14.5k unsecured loan. House is valued at £106k-£100k.

 

If I sold house what would I be obliged to do as I have all these creditors chasing me. Could I pay the mortgage off and pocket the profit. Rent new house, then go bankrupt?

 

Or would all profit be taken by creditors and me left homeless with no rent money to put down. Just a thought?

 

Today I have written a letter to Northern Rock informing them of Nationwide taking me to court and me having an unpayable ccj of £357. Nationwide informing me that they will go for a charging order when I fail early next month.

 

Also asked them to take reduced payment on the unsecured loan like rest of my creditors in interest of fairness. Though some posts on web seem to indicate that Northern Rock would likely look for a ccj and to secure the rest of the debt themselves?

 

hmmm what to do.

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Hi there, when you received the court claim did you return the papers with an offer of payment?

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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£357 a month is ridiculous... you need to attend the re-determination hearing and have this brought down to an affordable level. They can only go for a CO if you fail on CCJ payments. They're not silly... this is why they've been set so high.

 

It's been a while since I was involved in this kind of thing, but you can get a N244 or N245 from the court to bring the amount down yourself. Have you done this or have you requested a formal hearing?

 

You have young children and a life. The length of time taken to clear a debt is irrelevant to those facts. Your mortgage and (un?)secured loan are priority debts at the moment and going bankrupt/selling up is not going to solve the problem of needing somewhere to live and rent to pay.

 

Hold fire on the bankrupcy route for the time being until you've looked into getting this ridiculous monthly payment lowered in line with what you can afford.

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Make sure you take along all correspondence to show that you've even tried to make an improved offer to them before they went for the CCJ.... and it was rejected.... hence the CCJ. The court needs to see that you are offering pro rata payments to everyone else and that Nationwide thought they were entitled to special rights, bullied you into increasing your offer.... and still went for a CCJ.

 

There is a possibility of you looking at a set-aside of this CCJ on the basis that they included unlawful charges in the balance. However, you may not feel strong enough to take this on as well as eevrything else. If you do decide to look into this, look around the site for threads where this has been done to help you get a grip on what's involved.

 

One way or the other.... once Nationwide is sorted out, we'll try and help you with your other debts to ensure there are no more CCJs.

 

:)

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Hi there, I am sorry to hear of your financial diffulties. You are not alone with this - there are many people on this site who can give you useful information.

The together loan will mean that you pay one payment - to the secured side, and another to the unsecured side, but all lumped together in one payment. If you were to go bankrupt, the unsecured side of this mortgage will be included in this. However, the creditors are likely to ask for you to sell your property, meaning the mortgage will be cleared with any equity you have.

 

If I sold house what would I be obliged to do as I have all these creditors chasing me. Could I pay the mortgage off and pocket the profit. Rent new house, then go bankrupt?

If you sell your property for £100K, the mortgage of £90K would need to be cleared first. You would then only be left with £10K equity. You are not obliged to pay anyone this money, however you may feel it best to put this money towards clearing your unsecured debts, including the Northern Rock unsecured side. If you sell your house, and receive in the region of £10K equity, you may be able to look into a full and final settlement to your creditors if you owe £32K. Otherwise, you could keep this money and make increased reduced payments between all creditors to help clear the debts quicker.

 

Or would all profit be taken by creditors and me left homeless with no rent money to put down. Just a thought?

The creditors cannot take this equity, unless they have secured their debt against your property. This money would be yours.

 

 

Today I have written a letter to Northern Rock informing them of Nationwide taking me to court and me having an unpayable ccj of £357. Nationwide informing me that they will go for a charging order when I fail early next month.

If you do fail to meet the CCJ payments, they can issue a charge against your property, howver, as above it is best to complete the N245 variation order form in attempt to get the payments down, and then attend the hearing to represent yourself, and to justify why you cannot afford to pay them this amount.

 

Also asked them to take reduced payment on the unsecured loan like rest of my creditors in interest of fairness. Though some posts on web seem to indicate that Northern Rock would likely look for a ccj and to secure the rest of the debt themselves?

You can mention this when you attend the hearing - that you wish fpr the CCJ not to be granted, as you would like to treat all creditors fairley. Northern Rock do have a reputation especially in debt management plans of looking to secure the debt against your property, so do be aware of this. However if they do this, you can apply for this not to be granted, as long as you keep up with the CCJ payments.

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Thankyou for your advice. One factor though is the size of our current house. It's a bit on the small size, i'm not complaining at all it has served us well for three years so far. It's a two bed house with no garden and small living room. The small bedroom you can't fit a full size bed in without blocking the door 3/4 and is suffering from damp pretty bad, and our fixed period ends in 6 months and I expext to get screwed by the new terms.

 

I know we could get a better sized property in renting, but it's a big step. But just thinking with at least 12k equity in the house if Nationwide got a charging order we would likely have to sell anyhow. Would the council be likely to rehouse us in this circumstance?

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I know we could get a better sized property in renting, but it's a big step. But just thinking with at least 12k equity in the house if Nationwide got a charging order we would likely have to sell anyhow. Would the council be likely to rehouse us in this circumstance?

 

Difficult.... and it depends on your family's level of need; disability, young children and so on. Whether they decide to house you or not, it won't be instant which means you'd need to rent privately while you're waiting. Also, you wouldn't be a priority until you could be declared homeless.... so all-in-all, there's a lot of waiting around for different stages in the process.

 

So, the question you really need to ask is whether you want to fight to stay in your home or move into the private, rented sector.... whether (long-term) temporarily or not.

Edited by PriorityOne
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If you sell your house of your own volition then the council has no obligation to re-house you.

A charging order is not a forced sale, nor does it mean there will be one automatically. All it does is stop you selling the property without obtaining a certificate from the person who obtained the charging order. That person will almost certainly not provide such a certificate unless the debt is repaid.

 

If, on the other hand, the creditor forces a sale of the property and you are evicted then the council is obliged to help you.

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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Yes they are.... but emergency accomodation is not usually very nice.

 

Possibly, but it's better than no accomodation at all. In my own case we had a few weeks in a hotel. Pretty reasonable I thought. No complaints whatsoever.

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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  • 4 weeks later...

Update: Got court hearing beginning feb and have received majority of agreements from my other creditors to new payment plans. Then this morning electric statment comes through and has gone up £31 a month. Don't know whether to laugh or cry. I even got Northern Rock to agree reduced payment plan! Now though it seems i'm going to have to rewrite to all of them again and offer less. What's the chance of them accepting less after just agreeing an improved offer? Pants!!!!!!!!!

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Contact your electricity provider and negotiate the monthly payment down given your circumstances.

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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Cheers for that advice. Called them this morning and got it reduced to £100 by changing tariff and as I have a council tax break next month offered to pay them that as well so payment will remain at £87! (for now)

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  • 3 months later...

Hello readers, I have posted on here before sometime around christmas (hence the name) and was due to go to court for a redetermination. I can't recall whether or not I filled you back in on my situation so i'll start from fresh.

 

I'm married, mid twenties with two children under age of 3. I currently have a mortgage from Northern Rock for a small 2 bedroom cluster home in the Midlands. I have no garden and the second bedroom, you would just about fit a computer desk in. One of my children has to sleep in the same bedroom as me and my wife and obviously all clothes, changing unit etc are in our room too. The mortgage is a together mortgage in both our names with the mortgage took out for £95k and the unsecured loan element for £14k totaling £109k. The house was bought for £107k coming up to 4 years this August. We borrowed £2k ontop to furnish it.

 

We have 31 years left on the mortgage and currently pay around £620 a month for both parts. We are in a fixed rate which expires next August and I know for certain they'll be be putting this rate up then. Also we have another problem as the land surrounding the area is on a service charge of around £30 a month which I knew nothing about for 2 years and we owed a total of £1300 on the property buy the time Northern Rock stepped in and paid it adding it onto our mortgage. I asked for a payment holiday a few months ago and was told if I did my payments would go up £30 a month for the final 31 years of my mortgage.

 

Anyway had house valued in idea of trying to sell up and it was valued at £102k-£105k , I bought it for £109k remember. Anyway I have no cash for fee's etc and when I went to court for redetermination my creditors have been given permision to apply for a charging order on the property as obviously with the together mortgage I have equity.

 

Right i'm posting this now as I'm scared i'll lose it somehow as pc plays up alot so I will continue this just hang on.....

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..

 

dx

Edited by dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right, obviously i'm not happy with the house as it's far too small for our needs, and can't really sell it etc.. Now, my parents have inherited a house and have moved into it and have offered their house to me for rent at a good rate. It's decent size being 3 beds and has a garden and is closer to my work, lower council tax band. I'm seriously considering this as I have explained my situation to them and they are willing to have a contract drawn up and are happy for me going bankrupt while renting from them long term. Now, how do I go about handing my keys in to Northern Rock? I intend to take a payment holiday next month and put this aside for bankrupt fees and then not pay the following month and then I will have money for both myself and wife and then the next month which will be july I will be moved into the new house and will pay my first months rent. Is this ok or wrong way to do it?

 

My debts:

 

Joint Mortgage: £95k

Joint Unsecured element £14k

Husband currently unsecured ccj Nationwide £10k

Husband Tesco unsecured £7k

Husband Virgin Credit Card £5k

Wife Lloyds Credit Card £5k

Joint Lloyds overdraft £4k

Wife store card £800

Wife store card £600

 

Ok as you can see our debts are reasonably big and mixed between joint and personal. So we are both looking to go bankrupt here.

 

Currently have 6 month agreed payment plans with most and are paying hugely reduced monthly installements, though most are chargin extra fees and interest willy nilly making the debt grow even further in the past 12 months.

 

We have basic bank account, would we be likely to keep this? Been to CAB and was told to go for IVA but have decided against this as we are really so unhappy in this house. Repayments on CCJ will take 17 years to pay off. Anyway see what you think?

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2 threads merged.Please try to keep your stuff in one thread-it makes it easier for those following to keep up and continue support.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Here's a quick guide to bankruptcy which may be of some help http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/guidetobankruptcy.pdf

 

Really you should speak to a qualified insolvency practioner regarding bankruptcy. You can find one here Insolvency Practitioners Association or alternatively give National Debtline a call....and yes you can keep have a basic bank account during bankruptcy. National Debtline have quitet a good factsheet on bankruptcy here National Debtline England & Wales | Debt Advice | Factsheet 01 Bankruptcy

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The main thing is to be careful at this point and not to do anything that would be seen as fraudulent in the eyes of the official receiver if you do go down the bankruptcy route.

 

The OR will go through your bank statements and credit history, what they are mainly looking for is to see if you recently took out, or used, any credit before the BR that you knew you couldn't pay back.

Use of the Overdraft is okay for day to day use but it wouldn't look good if there was a big purchase on it for something deemed non-essential i.e a big TV etc.

 

The process of the BR is not too difficult, I'm currently going through it at the moment and have been to court, currently waiting to speak to the OR. The mortgage and secure loans etc does make things a little more complex but this will be handled by the OR and IP.

 

When completing the paper work you need to do a very detailed income and expenditure, make sure you leave enough to live on comfortably. All assets need to be listed i.e car(s) etc, and all lines of credit / debt need to be listed even if not used i.e catalogues.

 

Barclays will have no problem in letting you open a cash card account, I made an appointment before my BR and told the woman straight away about my pending BR and she said that it's no problem and that they are opening loads of accounts for un-discharged BR's.

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