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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.

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      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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HFC Small Claims Summons


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Hi hope someone out there can give me some help. I have recieved a Small Claims Summons(Sheriff Court Glasgow)from HFC bank regarding an unsecured loan of £2977. I have called their litigation department and offered to pay £20 per month which is all I can afford due to other creditors.

They said if i did not offer £100 per month to the court they would look for an inhibition order on my home.

What is my best course of action - Time to pay direction or time order application

Any help is really appreciated as I am starting to panic.

They have also sent me a copy of the origonal agreement form.

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if you are looking to offer payment - always do it via the courts

 

sit down and work out what you can reasonably afford each month

 

 

a time order is if you want to pay what was originally agreed

 

you want to apply for a time to pay order

 

 

what was it for? bank account/cc/overdraft/loan?

 

did you receive a default notice?

 

can you scan and post up your agreement / deleting any personal info?

 

 

can you post up what it says in the particulars of claim?

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Hi - it was a loan to pay off a marbles credit card. It was interest free but I just could'nt keep up the payments. I have sent HFC a SAR but they have replied asking for ID.

 

i did recieve a default notice.

 

I will try and work out what I can afford.

HFCagreement1.jpg

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Another possibilty here is a Debt Arrangement Scheme (DAS), However you must have more than one debt. The benefit of making an application is that the court will not grant Decree if an application is under consideration.

Should your application be accepted then the pursuers cannot take action against the asset.

Check that Accountant in Bankruptcy website for your nearest free DAS adviser.

Your total debts can be repaid over a period of up to ten years at an affordable rate with the interest and charges frozen.

 

Remember do not confuse DAS with Debt Management Schemes

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Thanks for the advice - I think I will offer what I can afford through the court. - Can they apply for an inhibition order on my house if it is in joint names even if my loan is in my name only - does this affect my mortgage which is with another bank? - Thanks again for your help here

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ok so you would fill in the time to pay order ,

 

tip: the income and expenditure part is quite small, if you do a more detailed one on a spearate sheet and attach it to show how mcuh you can offered to offer, normally helps.

 

the inhibition order goes with you so yes they can apply for it once the decree has been granted even if the house is in joint names as they use 'your share' of the house

 

ida x

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  • 3 weeks later...

Hi - I applied for the time to pay order but it has been rejected and now i have to go to a hearing - what happens now? I offered all I can afford but they rejected my offer as it would take more than 10 years to repay.

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you need to go to the hearing to let the judge decide what you can afford,

 

i would just make sure you have copies of your income and expenditure etc

 

if you want to be extra good try and take bank statements and anythign to colabrate your outgoings

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:( Hi -judge granted open decree & expenses to HFC - there was no discussion on my income & expenditure - I had all my bank statements etc but he didn't look at them.

God knows what will happen now but I don't think I ever had a chance.

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i cannot say why the judge did not ask for your i and e - that's whats the purpose of the hearing....

 

they will apply for an inhibition order... i certainly would start making what payments you can as per your i and e

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