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


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Hi, if I am to help you with your statement I need you to answer the following:

 

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

 

When did you make the last payment?

 

You say you offered £750 the other week, but it was refused. Do you still have the £750?

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Hi, if I am to help you with your statement I need you to answer the following:

 

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

 

When did you make the last payment?

 

You say you offered £750 the other week, but it was refused. Do you still have the £750?

 

Good Morning Ell-enn

 

Blumen Heck........I have been at various destinations working over the last 48 hrs, but need to complete the budget sheet ( cant download?) can you mail me one please.

 

I am a bit more worried now as my OH opened a letter from the courts yesterday and it said, 'The court has ordered that unless you pay arrears, you must leave the premises, they mention ' Stay the eviction'?

How can I resolve this. I am at work again today ( new Job ish ) all day till maybe 9pm, do you think with your help that I can get this handed inn tommorow ( Friday )?

 

How long does it take to get a hearing before court date ( 27th July ) and at that hearing does the judge give an inclination as to what his decision will be on Eviction day?

 

God my stomach is churning.

 

Did you get the mails I sent you?

 

Mr W

Regards..Mr Worried :)

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I've now seen the message you sent me with the info.

 

It appears you should have paid a total of £7,845.92 since the court order (not including July's payment) and you have actually paid £5973.92, so you are £1,872 behind on the court order with July's payment due which will take the arrears to £2,262.

 

You say you have around £1,000 - when could you make that payment?

 

How much can you then offer to pay towards the arrears each month?

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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've now seen the message you sent me with the info.

 

It appears you should have paid a total of £7,845.92 since the court order (not including July's payment) and you have actually paid £5973.92, so you are £1,872 behind on the court order with July's payment due which will take the arrears to £2,262.

 

You say you have around £1,000 - when could you make that payment?

 

How much can you then offer to pay towards the arrears each month?

 

Hi Ell-enn

 

Thanks so much for getting back to me, I Have the £1000.00 now, but I am afraid to pay them incase they evict then I am 1k out of pocket. ( they wont accept payment )

 

I can pay the same as the suss repo £100.00. unfortunatley for me my payments to them are staggered because of my self employment.

 

Would it be a good idea to take the 1k to the eviction hearing or offer it within my defence?

 

The acting solicitors for Future said I owed £3400.00?

 

Mr W

Regards..Mr Worried :)

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@MrW

 

I had a similar ordeal with Future. I had £1500 to pay, and I took evidence to the court (with Ell-enn's statement and budget sheet) at 9:30am the actual day that we were being evicted at 11am

 

We got into court at about 10am and went through the statement etc and the Judge suspended the eviction until 2pm - The judge then told me to pay the £1500 to Future and obtain proof that this had been done by 2pm when the court reconvened.

 

I paid by debit card through their solicitors and they gave me an authorisation number, which I then gave the judge at 2pm - Luckily the Judge then ruled in our favour and we kept our home.

 

Good luck, I know what a pain Future and their solicitors are like from first hand experience.

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@MrW

 

I had a similar ordeal with Future. I had £1500 to pay, and I took evidence to the court (with Ell-enn's statement and budget sheet) at 9:30am the actual day that we were being evicted at 11am

 

We got into court at about 10am and went through the statement etc and the Judge suspended the eviction until 2pm - The judge then told me to pay the £1500 to Future and obtain proof that this had been done by 2pm when the court reconvened.

 

I paid by debit card through their solicitors and they gave me an authorisation number, which I then gave the judge at 2pm - Luckily the Judge then ruled in our favour and we kept our home.

 

 

 

 

Good luck, I know what a pain Future and their solicitors are like from first hand experience.

 

Thanks for your reply, How much were Future chasing? can you share any experiance and advice.

 

Cheers

 

Mr W

Regards..Mr Worried :)

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I've now seen the message you sent me with the info.

 

It appears you should have paid a total of £7,845.92 since the court order (not including July's payment) and you have actually paid £5973.92, so you are £1,872 behind on the court order with July's payment due which will take the arrears to £2,262.

 

You say you have around £1,000 - when could you make that payment?

 

How much can you then offer to pay towards the arrears each month?

 

Hi Ell-en

 

I cant print the budget sheet ?? My exel is not working? is there another one I can use that is in different format?

 

Mr W

Regards..Mr Worried :)

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We can put in your N244 defence that you offered to make a payment and it was refused. I'm drafting the statement for you - can you confirm:

 

Is the mortgage in joint names?

Do you have any children?

Does your OH work?

I've emailed the budget sheet - you need to complete it.

 

You also need copies of the letters/job offers that you mentioned in your email.

 

Ell

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Thanks for your reply, How much were Future chasing? can you share any experiance and advice.

 

Cheers

 

Mr W

 

Over £20k

 

http://www.consumeractiongroup.co.uk/forum/home-repossessions/261263-your-house-being-repossessed.html

 

I think it was because of Ell-enn's help and the fact that it was a nice Judge on the day, that things went our way.

 

I have since found out that Future have charged me nearly £3k of charges and interest, which I have since requested be paid back. I can only assume that this £3k was included in the final arrears figure, as it was included in the statement that the Judge gave me on the day, as I had never had nor seen one.

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Try this budget sheet

Budget sheet.doc

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

 

 

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We can put in your N244 defence that you offered to make a payment and it was refused. I'm drafting the statement for you - can you confirm:

 

Is the mortgage in joint names?......YES

Do you have any children?....YES 2 6+8 YRS

Does your OH work? .....YES

I've emailed the budget sheet - you need to complete it.

 

You also need copies of the letters/job offers that you mentioned in your email. i WILL HAVE THEM TOMMOROW ( One is a contract )

CHEERS MR W

I will do the budget sheet too then show it to you

 

 

Ell

 

 

Please see above

Regards..Mr Worried :)

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Over £20k

 

http://www.consumeractiongroup.co.uk/forum/home-repossessions/261263-your-house-being-repossessed.html

 

I think it was because of Ell-enn's help and the fact that it was a nice Judge on the day, that things went our way.

 

I have since found out that Future have charged me nearly £3k of charges and interest, which I have since requested be paid back. I can only assume that this £3k was included in the final arrears figure, as it was included in the statement that the Judge gave me on the day, as I had never had nor seen one.

 

Wow just read that Thread, great story.

 

Mr W

Regards..Mr Worried :)

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Statement affixed. You need to enter the details where there are XXX's at the top (remove the XXX's) and also in the body of the statement where I have put XXX's for your name. When you print out the statement make sure your printer is set for A4 paper (not Letter size), so the statement stays all on one page.

 

On the contract and offers of work - 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

Statement

Contracts etc - Appendix 1

Budget Sheet - Appendix 2

 

This forms your pack to take to the court. You will need another copy of it all for yourself to refer to in the hearing. Make sure you staple each pack securely.

 

Also affixed is an N244 form - below are the instructions for completing it:

 

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 We Believe

Sign and cross out all options except Applicant

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

 

 

Any questions, just shout.

Mr Worried statement.doc

n244_0400.pdf

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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Statement affixed. You need to enter the details where there are XXX's at the top (remove the XXX's) and also in the body of the statement where I have put XXX's for your name. When you print out the statement make sure your printer is set for A4 paper (not Letter size), so the statement stays all on one page.

 

On the contract and offers of work - 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

Statement

Contracts etc - Appendix 1

Budget Sheet - Appendix 2

 

This forms your pack to take to the court. You will need another copy of it all for yourself to refer to in the hearing. Make sure you staple each pack securely.

 

Also affixed is an N244 form - below are the instructions for completing it:

 

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 We Believe

Sign and cross out all options except Applicant

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

 

 

Any questions, just shout.

 

Wow Looks Great.

 

In the last bullet point you refere to Suspend reposesion. should that not be ' Eviction ' ?

 

Mr W

Regards..Mr Worried :)

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It doesn't really matter, you are asking the court not to give possession to the lender which in effect is the same thing as asking the court not to evict you. Just change possession to eviction.

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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It doesn't really matter, you are asking the court not to give possession to the lender which in effect is the same thing as asking the court not to evict you. Just change possession to eviction.
...Cheers Ell, you taught me well. ha ha

 

Jeezaz..My word and exel wont let me type on the statement ffs.

 

If I send the details will you do it then use private mail addy to forward it.

 

Blumen computers.

Regards..Mr Worried :)

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Statement affixed. You need to enter the details where there are XXX's at the top (remove the XXX's) and also in the body of the statement where I have put XXX's for your name. When you print out the statement make sure your printer is set for A4 paper (not Letter size), so the statement stays all on one page.

 

On the contract and offers of work - 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.....Got it

Statement,,,,,??? What is this? seperate?

Contracts.....My work offer paperwork?

Contracts etc -Budget Sheet - Appendix 2..???

 

This forms your pack to take to the court. You will need another copy of it all for yourself to refer to in the hearing. Make sure you staple each pack securely.

 

Also affixed is an N244 form - below are the instructions for completing it:

 

1. Your names

2. Tick Defendant

3. Suspension of eviction..Should I give more details in box provided?

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 Should I use box provided?

Cross out all options except We Believe it says I believe

Sign and cross out all options except Applicant

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

 

 

Any questions, just shout.

 

Can you look at the above please, and help sort my statement re word and exel not working.

 

Mr W

 

When the claiment receives this defence from the court will they get the hump? will they think..oh no, some body knows what they are doing, **** where not gonna get this eviction?? ( I am trying to be positive )

Regards..Mr Worried :)

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You should download Open Office, it's free and you can open word docs in the Open Org Writer and spreadsheets in the Open Org Calc.

 

download: OpenOffice.org Downloads

 

If I email the changed statement will you be able to print it?

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

 

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You should download Open Office, it's free and you can open word docs in the Open Org Writer and spreadsheets in the Open Org Calc.

 

download: OpenOffice.org Downloads

 

If I email the changed statement will you be able to print it?

 

Hi Ell. Yes I will be able to, I just ' save target as' then print just like I did with the budget sheet.

 

BUDGET SHEET...How ' spot on ' do we have to be? should we leave to much or to little in step 5? step 4 should we put loads of arrears in?step 6 omg ?

 

advice on this please am handing this in tommorow.

Regards..Mr Worried :)

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You'll need to email the Claim Number,name of the court and your wife's first name so I can put them on the statement.

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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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You'll need to email the Claim Number,name of the court and your wife's first name so I can put them on the statement.

 

Ave done it El-enn, coul'nt download that link u sent me ? dont worry bout it I can have a mooch over the week end for a download.

 

Mr W

Regards..Mr Worried :)

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Hi Ell. Yes I will be able to, I just ' save target as' then print just like I did with the budget sheet.

 

BUDGET SHEET...How ' spot on ' do we have to be? should we leave to much or to little in step 5? step 4 should we put loads of arrears in?step 6 omg ?

 

advice on this please am handing this in tommorow.

 

On the budget sheet - you need to make sure that the £100 you are offering towards the arrears is the amount left over after everything else has been accounted for, including the normal monthly payment. In other words you need to account for all of your income each month EXCEPT for the £100 which is what you are offering towards the mortgage arrears.

 

email the budget sheet to me if you want me to have a look, but I will be logging off soon. Are you around in the morning?

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

 

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On the budget sheet - you need to make sure that the £100 you are offering towards the arrears is the amount left over after everything else has been accounted for, including the normal monthly payment. In other words you need to account for all of your income each month EXCEPT for the £100 which is what you are offering towards the mortgage arrears.

 

email the budget sheet to me if you want me to have a look, but I will be logging off soon. Are you around in the morning?

 

Hi Ell-enn

 

Did you get a chance to look at my budget sheet yet ( mailed to cag addy)

 

Mr W

Regards..Mr Worried :)

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Yes I've seen it, and replied to your email.

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 All

 

Just an UPDATE

 

I have my ' pre ' hearing on Friday 10 am, they offered me a hearing next Monday, the day before eviction date, but I said no chance I need it quicker.

 

So peeps have you's any advice cos my stomach is churning, can yous be positive and give me your views as to how you think it ' may go ' as regards the history within this thread.

 

Questions.

 

During the hearing should I be assertive and positive, or pretend I am vunerable and dont know whats going on ?

 

Should I stamp my authority early doors and defend straight away,

 

Should I hold on to the £1000.00 and say nothing?

 

Should I tell them that Northen Rock have reduced my payments by £200.00 per month, and that I would like to offer a further £100.00 per month against the arrears.

 

In the event that the judge allows eviction. can I ask for time to get sorted ie more time to move etc. ( eviction date is 26th )

 

Sorry for the questions but I am bitting my already bitten nails off.

 

Mr W

Regards..Mr Worried :)

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