Jump to content


  • Tweets

  • Posts

  • 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 
      • 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
        • Like

All monies legal charge does it cover business loan?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4768 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Recently issued proceedings for sale at undervalue of our property by bank. Using this fantastic site have noticed various comments about charges, interest etc.

 

Complex case, but logic is telling me something wrong with the fact that we had an all monies legal charge and a 25 years business loan.

 

Bank repossessed after 5 years of court battle as we did not recall signing the legal charge and have since discovered it was void. Two months after the repossession the Bank obtained equitable charge for full amount on another property. Bank later sold repossessed property at massive undervalue.

 

I understand that an all monies legal charge is just that, call in whenever they wanted, but how does this work with an agreed amount over an agreed time? The overdraft and the loan were lumped together in the money judgment.

 

The Bank caused a default on the business loan by taking both accounts to debt recovery. We then negotiated and a new joint account was opened in my and my husband's name( previous in his sole name) Payments to reduce borrowing were taken from there. Does this create an overriding interest?

 

Help please as I want to be prepared.

Link to post
Share on other sites

Now that's an interesting question! The loan was marked under "purpose of loan" "to purchase farm". The farm had a house on it.

 

The farm had been purchased on an overdraft/bridging loan with agreement from the bank to transfer to a loan.

Link to post
Share on other sites

Lot of land percentage wise 105 acres to farmhouse. Value probably 50/50.

 

Borrowed 60K reduced to 23K five months later. Then 23K transferred to a business account in January 1983. Did not have a business loan but terms agreed in writing in a letter £350 per month.

 

In 1984 wanted to improve farm, new building. Bank agreed to lend 30K to pay off exisiting loan with balance for improvements. This is when we had the first business loan agreement over 25 years. "Purpose of loan", to "purchase farm".

 

We continued tp repay this loan for 13 years making little headway. The bank took the loan to debt recovery together with the overdraft .

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...