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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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      • 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
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Threat of Reposession from First Plus Solicitors **SUSPENDED**


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I wouldn't reply to the solicitors letter - it won't make any difference. In my opinion they're trying to blackmail you - just send a defence statement into court (I'll draft one up for you) and let the judge tell them they're being unreasonable. the court will send a copy of your statement to the solicitors and when they see what you have put in it I wouldn't be surprised if they back down.

 

I'm away from this afternoon until sunday afternoon but will get onto drafting the statement when I get back. If you get it into court Monday or Tuesday next week it will be fine.

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I wouldn't reply to the solicitors letter - it won't make any difference. In my opinion they're trying to blackmail you - just send a defence statement into court (I'll draft one up for you) and let the judge tell them they're being unreasonable. the court will send a copy of your statement to the solicitors and when they see what you have put in it I wouldn't be surprised if they back down.

 

I'm away from this afternoon until sunday afternoon but will get onto drafting the statement when I get back. If you get it into court Monday or Tuesday next week it will be fine.

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

 

 

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I would write to the solicitors simply stating

 

"If I default on the other two loans then the companies will go for CCJs with a forthwith order and immediately instigate repossession hearings - I am sure this is not the conclusion you would wish for, therefore your request is denied."

 

This is precisely WHY you SHOULD NOT give detailed Income and Expenditure assessments to anyone other than via a court order, a simple statement is more than sufficient for their needs.

 

They probably are only 'solicitors for rent' anyway and not a proper firm, I don't think you mentioned the name, not HL Legal (HL Illegal on this forum) is it?

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I would write to the solicitors simply stating

 

"If I default on the other two loans then the companies will go for CCJs with a forthwith order and immediately instigate repossession hearings - I am sure this is not the conclusion you would wish for, therefore your request is denied."

 

This is precisely WHY you SHOULD NOT give detailed Income and Expenditure assessments to anyone other than via a court order, a simple statement is more than sufficient for their needs.

 

They probably are only 'solicitors for rent' anyway and not a proper firm, I don't think you mentioned the name, not HL Legal (HL Illegal on this forum) is it?

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Could not agree more,you could send them letter after letter and it wouldnt make one jot of difference,once ell-en has drafted your defence statement let the court do the work for you,and as for priority you have already shown that your giving this debt from fp your full attention.

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Could not agree more,you could send them letter after letter and it wouldnt make one jot of difference,once ell-en has drafted your defence statement let the court do the work for you,and as for priority you have already shown that your giving this debt from fp your full attention.

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I have almost finished your statement. You will need to affix copies of the letters you have sent to them with payment proposal, and also all the ones you have from them asking you to reduce payments to your other creditors. Can you confirm when you have taken copies of them please.

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I have almost finished your statement. You will need to affix copies of the letters you have sent to them with payment proposal, and also all the ones you have from them asking you to reduce payments to your other creditors. Can you confirm when you have taken copies of them please.

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

 

 

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Ell -enn

 

I am so sorry not to have come back. I have been waiting on a response from you (I thought)

I normally get a notification message when there are new messages are posted on the thread - this week there have been none. I didn't want to leave a message for you because I know how busy you are and I didn't want to sound pushy.

I only logged in this lunchtime because I was getting panicked.

I have all the letters received from the Solicitors and have copies of all my correspondence on my laptop so I should be able to affix copies when required.

Is this what you wanted me to do?

Also to answer you SIllygirl the solicitors are are legitimate setup but are known for chasing this sort of business locally.

I'll keep logging in to make sure this doesn't happen again.

 

So sorry again, the help I've received has kept me going and is much appreciated.

 

W6

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Ell -enn

 

I am so sorry not to have come back. I have been waiting on a response from you (I thought)

I normally get a notification message when there are new messages are posted on the thread - this week there have been none. I didn't want to leave a message for you because I know how busy you are and I didn't want to sound pushy.

I only logged in this lunchtime because I was getting panicked.

I have all the letters received from the Solicitors and have copies of all my correspondence on my laptop so I should be able to affix copies when required.

Is this what you wanted me to do?

Also to answer you SIllygirl the solicitors are are legitimate setup but are known for chasing this sort of business locally.

I'll keep logging in to make sure this doesn't happen again.

 

So sorry again, the help I've received has kept me going and is much appreciated.

 

W6

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Good luck with this, if you do get a chance at the hearing explain how the solicitors are pressurising you into defaulting on other non-secured debt and causing you further and future probelms. They have no authority to do this and you can write to the Solicitors Regulatory Authority on this point.

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Good luck with this, if you do get a chance at the hearing explain how the solicitors are pressurising you into defaulting on other non-secured debt and causing you further and future probelms. They have no authority to do this and you can write to the Solicitors Regulatory Authority on this point.

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Hi there, I have your statement almost ready to go - just need a few details:

 

Is the mortgage in your name only?

Is there only one child resident in the property?

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Hi there, I have your statement almost ready to go - just need a few details:

 

Is the mortgage in your name only?

Is there only one child resident in the property?

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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Hi Ell enn

I am frantic - the problem in the computer comms must be at my end and I'd lost contact with the internet.

Thankyou for all your effort on my behalf.

To answer your questions:

The mortgage is in my name only and there will only be 1 child resident at any point in time though sometimes no children. We are respite carers.

 

Thank you

W6

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Hi Ell enn

I am frantic - the problem in the computer comms must be at my end and I'd lost contact with the internet.

Thankyou for all your effort on my behalf.

To answer your questions:

The mortgage is in my name only and there will only be 1 child resident at any point in time though sometimes no children. We are respite carers.

 

Thank you

W6

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Hi there, give me 5 minutes and I'll post up your statement for court.

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

 

 

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Hi there, give me 5 minutes and I'll post up your statement for court.

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 there, affixed is your statement for court. You need to enter the details at the top where there are XX's (remove the XXX;s). you will get the info from the court papers. Read through the statement and fill in the info where there are other XXX;s.

 

When you print out the statement make sure your printer is set for A4 paper (not Letter size) so it all stays on one page, then sign it.

 

 

You will need to affix copies of all the correspondence you have had with FP and their solicitors i.e. your offers and their refusals, especially where they have asked you to reduce payments on other commitments. On each of those copy 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.

 

You should now staple securely together the Statement, Appendices 1 and Appendix 2. (Take a photocopy of it all first so you have a set for yourselves to refer to in court). You should now hand this into court asap.

Worried 6 statement for court.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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Hi there, affixed is your statement for court. You need to enter the details at the top where there are XX's (remove the XXX;s). you will get the info from the court papers. Read through the statement and fill in the info where there are other XXX;s.

 

When you print out the statement make sure your printer is set for A4 paper (not Letter size) so it all stays on one page, then sign it.

 

 

You will need to affix copies of all the correspondence you have had with FP and their solicitors i.e. your offers and their refusals, especially where they have asked you to reduce payments on other commitments. On each of those copy 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.

 

You should now staple securely together the Statement, Appendices 1 and Appendix 2. (Take a photocopy of it all first so you have a set for yourselves to refer to in court). You should now hand this into court asap.

Worried 6 statement for court.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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Hi

Thankyou very much for this. I will print out from the office tomorrow. Do I have to get any official forms to accompany the statement?

Do you think it is it likely that the judge will ask me to explain in detail about my circumstances and what led up to these arrears? I don't want to break any protocol but want to be prepared.

 

Tlak soon.

W6

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Hi

Thankyou very much for this. I will print out from the office tomorrow. Do I have to get any official forms to accompany the statement?

Do you think it is it likely that the judge will ask me to explain in detail about my circumstances and what led up to these arrears? I don't want to break any protocol but want to be prepared.

 

Tlak soon.

W6

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Could I ask for opinion on charges. I asked for a statement of arrears from FP and received what looked like the breakdown of the monthly payment times the number of months arrears which is correct. What I haven't got is a recent statement of the account in full. In the latest papers received the solicitor quoted a sum which seemed v high so this is where the charges will be embedded I presume. Should I have this before court?

If I am successful next week in getting a payment arrangement and a suspended order can I query the level of charging afterwards? At the moment all I want to do is get the threat of eviction removed but I am planning to try and sell the house to settle the full account and I would definately need to understand the figures then.

Thanks

W6

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