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    • Hi folks, I've just found previous documentation. I thought it had gone missing. I'd forgotten that I did appeal it through POPLA but I can't find the thread on here that, I assume, I posted for help. Appeal letter is dated 27/10/2020 with a rejection. I genuinely had forgotten about this so apologies for misleading you. A lot has happened in the years since the ticket was issued. We closed down a couple of businesses and moved to the opposite end of the country to retire. The documents I have are scanned copies. I no longer have the originals. If there's anything you'd like to see, please let me know and I'll post them, although it probably won't be until tomorrow now, but I'll be looking in on this page tonight. Thank you for the responses so far :)
    • Hello! After emailing them I received this reply:   I have drafted the following, please would you be able to comment as to if you think it is correct/sufficient? "Thank you for your email.   Thanks you for confirming that the vehicle does not have these features as stated in the advertisement.    I am sure you are aware that the Consumer Rights Act 2015 provides the short term right to reject within 30 days. Statutory rights cannot be taken away from a consumer, and any attempt to do so is illegal.   Please can you advise how best to return the vehicle?" Thanks in advance!
    • I find that highly disrespectful Sir/Madam just so you know.
    • Not quite sure what you are trying to say but anyway please could you avoid posting solid blocks of text because it is extremely difficult for people to follow – especially if they are using small screen such as telephones. I have restructured your post above. Properly spaced and punctuated please. Thanks
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      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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    • 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.
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      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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northern rock reprossession order **SUSPENDED**


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im trying too last time i went court about i didnt really have a clue about it all and like said before that was in 2005 and circumstances change although i have always let n rock know whats been going on and filled in i and es for them they have never really taken them into account i have an original i and e i did for them i sent them a copy of it and it says what we have to pay them and then a revised repayment letter by them adding 60 onto what we said we could pay which obviously we couldnt make that amount each mnth. i do feel more confident this time going to court as i have done my homework and had yours and ell-enns help but like you said your brain tells you one thing then switchs track and goes in another direction and you start to doubt your self but 90% of the time its all good

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Hi Elzerbeth, we need to get to work on your N244. While I draft a statement for Q.10 of the form you can start to fill in the rest of it - these are the instructions:

 

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 The Applicant Believe

Sign and cross out all options except Applicant

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

 

 

You will need photocopies of the letters NR sent you regarding changing to interest only so we can affix them to the statement and also the budget sheet you completed. Let me know when you have all this together and we'll fnalise everything.

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Hi, got your pm with this same question, and have answered it :) - i.e. the statement for Q.10 explains why.

 

The statement is affixed - you will need to fill in the info where there are XXX's at the top (remove the xxx's) and also in the paragraphs where I have put xxx's for your name. When you print it out, make sure your printer is set for A4 paper (not letter size) so it all stays on one page.

 

On each of the letters, write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner. Do the same on the budget sheet except it will be Appendix 2.

 

Now assemble as follows:

 

N244 form - signed

Statement - signed

Appendix 1 - interest only letters

Appendix 2 - budget sheet (you could also photocopy a wage slip for you both and put with this)

 

This forms your pack to take to court - make sure you staple (or bind) it all securely together. You should also take a photocopy of it all for yourselves, so you have one to refer to in court.

 

When you hand it in to the court, you will need to pay a fee of £35.00 and it will have to be cash, they don't take cards. The court staff should be able to give you a date for your hearing while you are there.

Elzerbeth N244 statement Jan 11.doc

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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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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Thankyou so much ell i would have never have been able to do this myself

with the claim number will i get that at the court when i return n244 and paper work ?

i cant thankyou enough for your help and support in all this you are a Star i will let you know when the hearing is and the outcome of it all

Thanks again :smile:

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Hi Elzerbeth - the Claim number will be on the eviction notice. If you haven't got it yet wait till it arrives then put in the N244.

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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Dont forget about going through all your paperwork and adding up those charges,you will need to dig deep and go over all your paperwork with a fine toothcombe.We can help you reclaim whatever you have paid over the odds.Anyway good luck and dont forget to keep us up to date with the outcome:-)

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thanks newstarter i will do havent recieved paperwork from n rock as yet but they recieved and signed for sar on the 12th i have a few statements but im going to wait till i have them all before doing so ell has mentioned the fact we are have charges added in the statement she did for us to go with n244.

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How much equity do you have??? Do you qualify for an equity release?. If you dont qualify for equity release (over 55 years old) then I would sell my equity under the governments equity sale scheme, You should note that your can only release the amount that has no charge;

Example

 

10% deposit means the lender owns 90% of your property untill paid so you can only sell 10% of the property value.

 

If you are the unlucky kind who have gone into negative equity due to the downtrun then no joy.

 

If you do manage to sell the equity then when you land on your feet id sell the house once the market is right as it will be just as a rented house, you are not getting anything out of it untill the value rises.

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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ell/ newstarter have rang n rock today to see if could make arrangement with them got same old story from them they wont do anything without bank statements payslip i and e letter of employment benefit proof ect ect even though they have had it all time and time again and we need to write a proposal of payments towards mortgage and arrears but was told that even if i do all this there concession department will not stop eviction unless we pay off arrears all in 1 go or pay a lump sum the reason given for this is that is the only way to stop a 2nd eviction. so its full steam ahead with the court i am takin n244 in on friday afternoon as this is the only day i can take in due to work as i cant afford to take to much time off so i will be back to tell you when court hearing is over weekend just praying that the judge will be sympathetic towards us unlike n rock just wish it was over and i knew one way or the other what was going on in limbo at the min and its driving me crazy

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These are bullying tactics,N.R are just trying to pressure you into paying a lump sum which you cannot afford,let the judge set the repayments not them.As for wanting proof of this that and the other dont go sending them info like that whatever you do,only a judge can order that you provide that kind of information.Its a common trick so dont be swayed by their threats in fact dont contact them at all.

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i only contacted them as they sent a letter telling us what to expect at the eviction and saying they could still help if we contacted them so i thought id give it a try as i am suffering constant tension head aches due to it all and not sleeping to well just cant wait to get it sorted and know one way or the other wether we will lose our home if the hearing doesnt go or way can i ask the judge for more time to find some place to live ? i do plan to pay the mortgage payment plus the 100 to arrears on monday which will be before the hearing if im taking n244 in friday i should think hoping this will show judge we are willing and able

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Yes pay the contractual payment plus the 100 it would not look good if you didnt and lets not go down this road of what happens if it goes wrong i think you will be fine,lets be positive about all of this,of course its a worry but dont let it make you ill,get your forms in Friday and dont let your mind run amock.

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thanks dave not looking forward to it at all just praying judge will take our side in all this would be a great weight off my mind should know one way or the other by this time tomorrow another sleepless night tonight for me

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just had a phone call from n ram asking if i had a repayment plan in mind told them we were in court tomorrow so i would make my proposal to judge as everytime i have spoken to n ram/rock they have told me i need to clear the full arears even though i have had a letter from them saying they could still stop eviction if i contacted them and they understood that i couldnt pay all arrears off in one go just really hope i can get this stopped tomorrow i am really nervous and all though i am trying to stay positive its very hard to do so dont know what ill do if it goes against us :sad:

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Hi Liz good luck for tommorrow,now,as for N.R dont let them get to you at this stage,i wouldnt think you would get another call from them anyway before the hearing.There is no way you can afford to pay lump sums to them and i would never advise you to do so,as said earlier let the judge decide,they are just trying it on before the hearing.Well we have done all we can and i would advise you to try and chill out a little,watch some television,read a book,anything just to take your mind off of the hearing tommorrow and above all try to get a little sleep tonight so your fresh for tommorrow.However if there are any last minuite questions you may have or may think of just drop in on your thread we will be glad to answer,good luck for tommorrow we shall be with you all the way

 

regards N.S

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just been going through all my paper work ready for tomorrow and have just realised that in march 2010 i had a mortgage concession arrangment with n ram/rock i was at the time unable to meet the payments they had suggested i did send all paper work off to except and the payments were never taken by n rock i then recieved an eviction notice in june 3mnths after arrangment was made to stop that eviction i had to pay the 3 mnths owing at 356.60 totaling 1070 which i did do i was told that i would then remain at that rate and have no more charges added but they never changed me over to this and kept my payments at 599.60 i didnot make a payment to them in the july has i had had to pay double on all my other bills due to paying that amount out in june i did tell n rock when i made that payment i would be unable to pay anything in the july due to this is all this worth mentioning to the judge tomorrow i cannot for the life of me remember who it was i spoke to although i know it was a woman manager

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