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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.  

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      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.

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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.
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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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2nd Eviction Notice In 3 Months!!!


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Hi there.I wonder if anyone can help me or at least give me a pep talk to put my mind at rest.I received an eviction notice back in December 09 in relation to arrears on my mortgage with SPML (currently being dealt with by Crapstone cough cough sorry Capstone!). After making my application I managed to get the eviction suspended and agreed to pay my monthly contractual payment plus £150, due on 1st of each month. I am a single parent currently receiving working tax and child tax credits which boosts my income just enough to be able to survive and make the agreed payments. These benefits aren't paid to my account until around 13th or 14th of each month.I have been calling Capstone each month on or around the 15th of the month to pay. I verbally advised them that I don't receive the benefits until the middle of the month but because they my earnings are enough for me to make the payment, they have not been willing to listen!!! My problem is, I have to wait for those benefits to come in to pay the childminder...if I don't pay the childminder, I can't work and if I can't work I can't pay ANYTHING off my mortgage!! I have been trying to do the sensible thing and ensure the agreement succeeds in the long run rather than failing!!!However, because I have been paying late, they have re-issued the eviction warrant and I am now due to be evicted - again! - on 29th March 2010. To add insult to injury, I've just checked back through the last Court Order and it turns out, Captstone have only been taking an extra £100 off me for the last 3 months instead of the £150 in the order!!!!!!!!!!!!!!!!!!!!!!!! Every month I have called and asked them what payment I need to pay and they have told me...it now transpires that this is the wrong amount - I know they are going to try and use this as ammo in Court!!!I have made an application AGAIN and have advised the court of my situation. My application hearing is listed for 23rd March 2010 at 10am....Can anyone give me any assistance or help??????????I've called Capstone today and asked them to send me a statement of arrears but they have said I have to pay £35 to see this!!!!!! I want to see it as they are saying I have over £10k worth of arrears - I am sure most of these are their charges! Please please can someone help me and give me some idea as to how I can get the eviction suspended again - or at least let me know if they don't think I have a hope in hell!!!!!! I'm worried sick about this...I have a 10 month old son...I CANNOT be made homeless!!!!Thanks in anticipation of a response.....

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Hi there, I'm sure you won't be evicted when the judge knows the problems you have had regarding the payment date.

 

You say you have put in an N244 - what did you put in Q10 of the form? I need to know before advising further.

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Hi there all....

 

Thanks so much for responding..

 

I stated that I had been paying monthly payments and had advised capstone verbally of the issues I have with regards to payments. I haven't stated the amount I have been paying. I said that I can continue to pay. I also said that I have requested that the benefits agency consider a change in the dates of my payments. Is this okay???

 

I haven't said I have requested an arrears statement or anything as, at that stage I hadn't.

 

I spoke to somebody I know who suggested a complaint to the FSA?? Do you think I should do this??

 

I'm just worried that the Judge will see me as a serial offender and will get fed up with me!!!!

 

Any suggestions as to what I should say if they do raise the issue re the difference in my payment amounts in comparison to the order? They have always told me over the phone what I should pay and now it turns out this was wrong as well!!!!!!!!!!

 

Thanks in anticipation of you response.

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Hi, I think we need to do a statement for you to take to court to hand to the judge. It's Capstone who need to change the payment date - they are supposed to do that under the Civil Justice Council Mortgage Arrears Protocols.

 

Did you send in a budget sheet with the N244?

 

Can you get a bank statement (internet banking?) showing all the payments you have made?

 

I can write a statement for you if you'd like me to?

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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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I can get bank statements no problem.

 

I didn't submit a budget sheet as nothing has changed since the last time I was at court and the last time I submitted a budget sheet. I can print off the last one and take another copy with me..yet again!!!

 

If you could prepare me a statement I would be really really grateful.

 

If there is anything I can do to stop this then I'll do it!!!!!!!!!!

 

Thanks so much for helping me - you have no idea how sick with worry I am....

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OK, gather together the bank statements (highlight the payments you have made) and also a copy of the budget sheet.

 

I'll start to draft a statement for you.

 

Try not to worry too much - when the judge sees that you have been making payments every month and the lender has refused to change the payment date to help you, he won't give them possession.

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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Hi there, sorry for the delay, I have had internet problems this evening.

 

Affixed is the statement. You need to fill in the details where there are XXX's at the top (the info will be on the eviction notice) remember to remove the XX's.

 

Write the claim number on the top of your bank statements and also on the budget sheet.

 

Staple the statement the budget sheet and the bank statements together.

 

When you get to the court ask at the desk if they will photocopy it for you. At the hearing, the judge will speak to you first, when he has finished say to him "sir, may I give you an up to date statement" and just hand it over.

 

Good luck and stay positive.

Panicked Statement.doc

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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

 

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Well.....

 

What an absolutely awful experience that was!!! The Judge gave me a real hard time and the lady who represented SPML was really unpleasant and nasty (I guess that's what she gets paid for)!!!

 

Surprise, surprise they tried to say that I'd under paid and that they had told me this!!!!!!!!!!!!!!!!!!!!!! I argued to my back teeth that they never did!!!!!!

 

The Judge said he really didn't see what benefit me hanging on to the property was?!?!?!?!?!?!!?!?!??!?!?!?!?! I gave him your statement and advised that I was simply trying to hold on to a stable home for my child - to which he responded that I wasn't doing this!!!!!

 

Anyway, after a real telling off and some really nasty arguments from their representative, the eviction has been suspended.......the matter has been adjourned and I have to pay my monthly payment + £150 by 16th March...I'm back in front of the Judge on 23rd April and so long as I've made that payment he promised me that he would let me carry on on that basis...but, if I don't he said he would pull the shutters down on the matter!!!!

 

I also managed to get an arrears statement from their rep and surprise surprise, the charges on there are unbelievable!!! Is there anything I can do about this??? Can they be allowed to keep charging me £115 per month plus £25 late payment charge?!?!?!

 

Thanks Ell-enn so much for your help!!! I wouldn't have been able to get this far without you!!!

 

I shall be donating just as soon as I get paid!

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Hi there, whew! I did wonder if you had managed to get the statement in time as I had internet problems last night.

 

What a stressful experience for you, never mind put it behind you - you got the result you needed.

 

Re the charges - you need to write a formal complaint to SPML asking for the charges to be refunded to your account and stopped from going on in the future. You will probably get a letter from them saying the charges are fair etc etc, but then you can complain to the FOS. You can't complain to the FOS until you have had a response from the lender to your complaint.

 

Just make sure you pay the installment the judge ordered and you will be OK at the next hearing.

 

Well done for being so brave and standing up for yourself :) Now try to relax a bit and enjoy your home and your little boy.

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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