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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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Susspended repo now eviction??***WON***


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I assume you have not kept to the terms of the suspended possession order and that is why they are applying for an eviction order? How much did you offer them yesterday? they should never refuse payment - did you offer it to the solicitors or did you try to pay Future?

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I assume you have not kept to the terms of the suspended possession order and that is why they are applying for an eviction order? How much did you offer them yesterday? they should never refuse payment - did you offer it to the solicitors or did you try to pay Future?

 

Hi Ell-enn

 

Thanks for the reply. well no, I never really kept to the order as I never get paid reguarly, but when I do they get paid and more on top of what i should pay,

 

I missed last months payment and they sent me a 14 day letter then they called me to say their client Future have requested eviction etc.

I offered him ( solicitors ) £750.00 payment, he kept me on hold then said his client had refused offer as this was the 4th eviction order ( not sure about that though ) and that I should speak to the courts for help etc.

 

So what do you think the best way forward will be?

 

Mr W

Regards..Mr Worried :)

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How much are you supposed to pay each month under the court order ?

 

Work out how much you should have paid since the last court order and then how much you have paid then we can see how much you are behind with the order.

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How much are you supposed to pay each month under the court order ?

 

Work out how much you should have paid since the last court order and then how much you have paid then we can see how much you are behind with the order.

 

 

OK Ell-enn, Am I allowed to contact the solicitors and ask for conformation of payments etc. or will they tell me nothing and ' close up'

 

because i dont even know how the figure is reached as I only ever paid what they asked.

 

Mr W

Regards..Mr Worried :)

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How do you normally make the payments? if it is by debit card then you can check your bank statements (online banking?) then just count up the payments you have made since the last court order.

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How do you normally make the payments? if it is by debit card then you can check your bank statements (online banking?) then just count up the payments you have made since the last court order.

 

Usually by debit card over the phone direct to the acting solicitors.

 

Mr W

Regards..Mr Worried :)

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Hi I have recieved the Eviction notice I have requested an arrears statement from acting solicitors but they say maybe next Wed?

 

Can I do anything in the meantime contest etc?

 

Mr W

Regards..Mr Worried :)

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How do you normally make the payments? if it is by debit card then you can check your bank statements (online banking?) then just count up the payments you have made since the last court order. Have you done this yet???

 

 

When is the eviction date?

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When is the eviction date?

 

I am missing my statements and requested them yesterday along with password for online banking, have also requested arrears statement from acting solicitors, eviction is for 26th July

 

 

Mr W

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OK, we've got time for you to get the information together so we can put an N244 in to court for a hearing.

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Hi Ell-enn

 

Just managed to get statements offline but only up to a year ago, my accountant has many but he is in Australia on holidays, so should I wait for Futures acting solicitor to supply arrears statement ( given our time scale ).

 

What will the N244 help with, and what is the success rate of this kind of defence?

 

Mr W

Regards..Mr Worried :)

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Hi there, as you have an eviction notice you will have to put in an N244 form to court asking for a hearing to suspend the eviction based on your ability to pay the monthly installment + a bit towards the arrears. We will need to do a statement to go with the N244 (similar to the one I did for you last year for the possession hearing), and a budget sheet (I have affixed one).

 

The amount you offer to pay towards the arrears should be the amount left over after everything else has been accounted for. The budget sheet calculates automatically as you fill it in, so you can play around with it before printing off the final copy.

 

Ell

Budget Sheet.xls

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Hi there, as you have an eviction notice you will have to put in an N244 form to court asking for a hearing to suspend the eviction based on your ability to pay the monthly installment + a bit towards the arrears. We will need to do a statement to go with the N244 (similar to the one I did for you last year for the possession hearing), and a budget sheet (I have affixed one).

 

The amount you offer to pay towards the arrears should be the amount left over after everything else has been accounted for. The budget sheet calculates automatically as you fill it in, so you can play around with it before printing off the final copy.

 

Ell

 

Ok I shall get on with that. they are saying that it is my 4th eviction notice? and thats why they want 'me out'. I feel a little nervous etc, if they go against me then its over there and then? no home etc.

Regards..Mr Worried :)

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Have you received 3 previous eviction notices?

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Have you received 3 previous eviction notices?

 

Only one that I can remember, and I made the offer they wanted and so they withdrew the eviction,

 

In a nutshell, when I went over the timescale for paying they sent a 14 day letter then i spoke to them ( solicitors ) they asked me to make an offer to stop eviction and I always did, as I said before my pay is so infrequent and always late to pay bilss, but when I get it I pay them.

 

Why accept previous payments and not this one?

 

Mr W

Regards..Mr Worried :)

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There's probably a load of charges contained in that figure.

 

We really need to get confirmation of how much you have paid since the suspended possession order last year (was it March?).

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There's probably a load of charges contained in that figure.

 

We really need to get confirmation of how much you have paid since the suspended possession order last year (was it March?).

 

Charges..Blumen hell, that is why I have asked for an arrears statement from Future to which the acting solicitor must supply to me, they said I should have details by Wednesday and to call them if I havent.

 

Will we still be ok time wise etc.

 

Mr W

Regards..Mr Worried :)

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Provided you get the statement from the solicitors next week you'll be ok.

 

Have you got bank statements since the suspended hearing last year, very important we know how much you've paid since then.

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Provided you get the statement from the solicitors next week you'll be ok.

 

Have you got bank statements since the suspended hearing last year, very important we know how much you've paid since then.

 

Ok Ell-enn, so if I confirm all I have paid to the last penny, then do the I+ E you'll do the rest ( ha ha only joking ).

 

Then we can work on the defence? do I need to see their claim poc? before we defend, however we already know what it will be as they want the house and I need to defend to say why they cant have it etc, correct?

 

Mr W

Regards..Mr Worried :)

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Provided you get the statement from the solicitors next week you'll be ok.

 

Have you got bank statements since the suspended hearing last year, very important we know how much you've paid since then.

 

Hi Ell-enn

 

I have recieved the statements, and sent you a pm too,

 

Mr W

Regards..Mr Worried :)

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Provided you get the statement from the solicitors next week you'll be ok.

 

Have you got bank statements since the suspended hearing last year, very important we know how much you've paid since then.

 

Hi Ell-enn

 

I have recieved the statements, and sent you a pm too,

 

Mr W

 

 

Have you got the bank statements?

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

 

 

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How much were you supposed to pay each month after the suspended repo order in March 2009. Can you find the order you got from court ?

 

I have to go out this evening, but if you can give me the info from the court order I can start to draft something for your N244 application tomorrow.

 

Can you pay anything at all in the meantime?

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

 

 

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How much were you supposed to pay each month after the suspended repo order in March 2009. Can you find the order you got from court ?

 

I have to go out this evening, but if you can give me the info from the court order I can start to draft something for your N244 application tomorrow.

 

Can you pay anything at all in the meantime?

 

 

I shall dig out the susspended repo stuff tonight, I offered them £750.00 last week and they refused any payment, ?

Regards..Mr Worried :)

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