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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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Sequestration help needed


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I have large debts £23,000 with nothing of value, live in a rented house and absolutely zero equity and have spoken to a solicitor who says my only real option is Sequestration. I am willing to go along with his recommendation but I wish to know what is entailed exactly in this? I have sent away for the charge for payment notice which he said I should do with the £10 fee and have received it back from one of my creditors. What do I do with this now as I cant afford to go back to the Solicitor just yet. He said it is fairly straight forward but I just need a bit more information.

 

Thanks to anyone who can offer any advice.

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Hiya,

 

either your sol has not explained it too your properly or there is confusion.

 

A charge for payment is sent by a creditor to you, there is no charge for thi, when you have defaulted on a debt.

 

WHat may have happened is that you have asked for is a creditor to agree to allow you to go BK ( alot won't as it does not benefit them) again there is no charge for this

 

here is a link that you may find useful

 

National Debtline Scotland | Debt Advice | Factsheet 01 Bankruptcy

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thanks for the reply, but there is no confusion. I do not have the original charge for payment paperwork which is why he said to send off for a copy as I will need it for the sequestration paperwork. Sorry if I did not paint the correct scenario. Apparently I need this to enter into sequestration. I was basically asking for some advice on what is entailed cheers.

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oh got it.

 

you sent a £10 for a subject access request to get all the info.

 

but you wouldn't have too, if the charge for payment went through then you would have a decree granted and the court has this info, for free.

 

but anyway that link is quite good for info.

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When i went thorugh it it lasted for 3 years not like the 12 motnhs now.

 

For me it was the beet thing - it learned me to manage better and appreciate money more and now i do not own a penny to anyone and if i need something save for it., but some poeple thing it could have been the worstr thing.

 

AS you have no assets etc DO you have a car?

 

What you have to mind that anything you have left at the end of each month goes to them and as long as you fully comply then you should have no problems. You are also meant to include any windfall even bingo wins :rolleyes:

 

 

DId you see the part about low income low asset BK on the link? this would mean you do not need to show insolvency to apply

 

Ida x

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Well the meeting with the solicitor covered my income and outgoings and I have basically £80 something to provide me with food and clothing per month. He said I dont have enough to pay anyone anything this is why sequestration is my best option. I will give you the full run down. I earn £27,500 pa and pay out £350 csa through deduction from earnings £150 seperate child maintainance and have a deduction from earnings for £157 pm by one of my creditors. My fuel to work and back is well over £200 pm as I travel over 100 miles each day so I really dont have the proverbial pot to pee in. My car is only worth about £700 at best but is reliable thank Ford. Rent and Council tax come to £686 and that includes the 25% single occupancy reduction. So you see life is pretty grim at the moment. This is not a sob story by the way I am at fault and realise this so I am truley grateful for any advice from anyone and any hints or tips with coping with this. I did see the part about low income but I dont qualify as my salary is too high I think and the solicitor did say I wwould need to prove everything.

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think of this as a positive step.

 

The next 12 months + will be hard at first - adjusting to not using credit for stuff.

 

Then when you get into the swing of it - it CAN serve you well. many people as soon as the can then try to get credit again and this can be a mistake until you learn to live with what you have rather than what you can try and get.

 

As i said it s been neraly 10 years for me now - all bills up to date - yes still struglle sometimes at xmas etc but always get back on it - do not have any credit now except for very small overdraft - just to help out if i need it - saved up for my car and only buy things new when i have the cash to do it.

 

It's all about what you want to get out of it.

 

If you are looking for this as a quick fix and then you can try and get credit afterwards can be the wrong way - look at this as now can try and manage your finances better so you do not go back to what you are trying to do now

 

hope this helps you a little

 

there are also other threads in these links that you may find helpful:

 

Dealing with Debt in Scotland - The Consumer Forums

 

Formal Solutions: Bankruptcy, Administration Orders and IVAs - The Consumer Forums

 

Ida x

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One thing for sure its not a quick fix. I cant get cretit and havent been able to for the past 10 years or so, so that will not bother me. I have had one of the shining light moments since things have come to a head and fully intend to save save and save every penny I can from now on which wont be a lot but all the same will be something. Hopefull this will be a sort of blessing in disguise although a rather shocking one and eventually I will be able to live normally again.

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  • 3 weeks later...

Hello, I just joined the forum today and saw your post as I was skimming through etc. Having been there and done it and I would say in the long run, sequestration will be yourt life saver. However, one of the main difficulties you will have immediately following the event will be maintaining a bank account because all of a sudden you will become persona non grata as far as nearly all of the Banks are concerned. Personally I went through a three month nightmare trying to find an account which I could operate effectively.

 

The answer I found eventually, was the Co-operative Bank. They have an account, (has to be kept in credit of course), which will allow you to transact electronically via a Visa Electron Debit card. Open this account and use it carefully. Avoid direct debits unless you're absolutley sure there will be available funds are more than three toots within a three month period, and yer oot!

 

Unless something drastically goes wrong, and I can't imagine what that might be in your situation, a year later you can apply for a discharge certificate. Once you have this you should contact experien and equifax and get them to amend their records. My understanding is that there then follows a further five year period of not being unable to get credit anywhere, but I'm still going through that so have incomplete experience.

 

Oh yes, and keep your chin up!

 

Hope this helps.

 

lg

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  • 1 month later...

Hi

Just signed in for the first time since registering last year and saw your post. I went for self sequestration under the low income/low asset scheme not long after the scheme started. It cost me £100 and it was the best £100 I've ever spent. All my debts were written off and I've since learned to live within a budget and managed to get a basic bank account with the Co-op. It hasn't been easy to live within my means but it is far less stressful than my life before. Don't know if you fall within the rules income wise but it would be worth checking up on for peace of mind.

Good Luck.

 

C

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  • 5 weeks later...

Hello -reading this with great interest as I am considering this route as well. I am om benefits (incapacity) and am a home owner with little or no equity in the property. It is also in joint names so my wife owns half the property. What happens to the house if I choose self sequestration?

Kind regards,

David

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olrac123 have a read here Scottish Executive: Web site currently unavailable.

 

If you are considering self sequestration you do need to seek independent qualified advice. Money Advice Scotland and Citizens Advice Scotland both offer free impartial advice Scottish Executive: Web site currently unavailable.

 

I've also given you a link to the debtor application packs to have a look at Scottish Executive: Web site currently unavailable.

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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