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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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Warrant delivered today. Help please...


bronn
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Thanks for replying so quickly, have started this as requested.

 

In answer to the queston, yes the arrears do include charges.

The situation is as follows.

 

4 or 5 years ago I attended a court hearing to have a warrant issued, it was deferred as I could show we could pay the arrears.

 

We have missed several payments due to employment and bad finance situations inc that tme, but alqays caught up. The mortgage was consolidated a year or so back to interest only, but earlier this year work dried up, I was owed money that has never materialised, and now my wife is back at wrk part time following maternity, and I have a new self employed job which I have a deal paying potentially 60K a year. More than enough to cover the arrears, payments and anything else, and should make life much easier.

Unfortunately I am not due any money till end of Jan for work done this month, (so far I am due £1750, as I have only just begun work, but the contract is worth £4500 a month when I am up to speed..

I have promised Northern Rock repayments to help cover arrears, but ue to the money I was owed not coming, I have defaulted on all of them...

I feel that just as the light of hope has come on work wise, this will put me, my wife and kids out on the street 2 days before my birthday...

 

I have heard that this is the best place for someone in m position to come for advice...

 

I will be forever in your debt if you can help...

 

Andrew

(Bronn's a nickname;) )

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Hi there, you will need to enter an N244 application at court to ask for a hearing to suspend the eviction (I can help you with that). You will need to pay a fee of £35 when you take the form to the court and they should be able to give you a date for the hearing while you are there.

 

Do you have documentary proof of the contract you have and how much it will pay? We would need to attach that to the N244 so the judge can see why the eviction should be suspended.

 

You need to work out how much you can afford to pay each month towards the arrears in addition to the normal monthly payment.

 

Also you will need to enclose a budget sheet (I have affixed one to this post). When filling it in remember that the amount you are offering to pay towards the arrears in addition to the monthly payment, is the amount left over after everything else has been accounted for. It's always a good idea to practise on one first so you get the figures right.

 

Once you know how much you can afford to pay I can draft a statement for Q.10 of the form (I have affixed an N244 also), and give you instructions for completing the rest of the form.

 

Ell

Budget Sheet.xls

n244_0400.pdf

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Ell, sorry its been a while, broadband stopped working and wife's been poorly.

All in all a helluva bad month.

 

I have filled in the n224, done a budget sheet and want to know how to send a copy to you, as I cant seem to save a copy... apart from the budget..

 

what should I do next.

 

thanks...

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Ell,

sorry, for pestering, but I'm not sure what to do next.

I'm worried that the court will be shut over Christmas and I wont have time before the 8th to ge this sorted out.

please help

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Hi there, have you printed out the N244? what did you put in Q.10 of the form?

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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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Sorry, I misunderstood your post, I thought you said you had completed the N244.

 

No need to send me the budget sheet, I just need to know how much you can afford to pay towards the arrears each month in addition to the normal monthly payment. If you can let me know I will draft a statement for Q10 but will have to do it in the morning as I need to log off now (I have an early start in the morning).

 

Ell

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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Hi Bronn, sorry for the delay - I've been caught up at work and couldn't get online till now.

 

I have affixed a statement for Q.10 of the N244 form. You will need to fill in the info where there are XXX's, both at the top and also where I have mentioned your name. When you print it out make sure your printer is set for A4 paper not Letter size.

 

You will need a copy of the contract you have - on the top left hand corner write the claim number and on the top right hand corner write Appendix 1. Do the same for the budget sheet but it will be Appendix 2.

 

These are the instructions for the rest of the form.

 

1. Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except We Believe

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Then assemble as follows:

 

 

N244 form

Statement for Q.10

Appendix 1 - contract info

Appendix 2 - budget sheet

 

 

This forms your "pack" to take to the court - staple securely. Make sure you take a copy of it all so you have a pack to take to court with you for the hearing. There will be a £35.00 fee to pay when you take it to the court and they should give you a date for the hearing while you are there.

 

 

Any questions, just shout.

 

 

Ell

BronnN244 statement.doc

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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