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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.

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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.
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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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Just received Eviction Notice - 10th Dec EVICTION CANCELLED


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I missed a couple of payments of the arrears whilst unders suspension, mainly by mistake when I change from Intersest only, and then extended the term, but it didnt go through in time.

 

Now out of the blue just been served an eviction notice...

 

Is this the end, is there any way I can still sort it out ?

 

Please help, my wife is in tears and I am trying to be strong, and reassuring her.:(

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I missed a couple of payments of the arrears whilst unders suspension, mainly by mistake when I change from Intersest only, and then extended the term, but it didnt go through in time.

 

Now out of the blue just been served an eviction notice...

 

Is this the end, is there any way I can still sort it out ?

 

Please help, my wife is in tears and I am trying to be strong, and reassuring her.:(

 

TimeToStandUp

 

No its not the end, and yes your probably should be able to save things. You will need to make an application to the court for the eviction to be stopped.

Have a read of the other threads from people who have managed to stop evictions.

Someone will be along who can give you specific help with the application and other bits required, so keep checking back here, if its not tonight it should be tomorrow some time.

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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Thanks, I have downloaded the financial sheet and the N244 form, would someone be able to help me fill it out, I think my arrears are around £4k...

 

The thing is I naturally live month by month, and am due to pay the next mortgage payment, but if I am to lose I would need that money to put down as a deposit...

 

I am so messed up at the moment, got two girls aged 6 & 9..

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Hi there, I can help you with the N244 form and budget sheet. Just give me 10 mins to finish dinner and I'll be back with you :)

 

Ell

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I missed a couple of payments of the arrears whilst unders suspension, mainly by mistake when I change from Intersest only, and then extended the term, but it didnt go through in time.

 

 

Hi, can you explain in more detail please?

 

Also,

 

Is the mortgage in joint names

Do you have any children living at home

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

 

If you answer all of the above I can draft a statement for Q.10 of the N244 form which is the most important part. I can also give you instructions for completing the rest of the form.

 

Ell-enn

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When I was given a suspended repossesion order last december, I took someones advice on here and switched to a 6 month interest only mortgage. Which worked well but then it reverted back to normal and the payments increased even more.. However I reverted back another 1 month interest only as an emergency. In the meantime I then negotiated to increase the term to 33 years, filled in the paper work and sent it off, and started paying that new rate, then 3 months later I got a bad letter from Cobbetts (Solicitors) saying I not made the correct payments. It turns out that Accord never received or processed the change.

We have now switched, and I sent it Special Delivery... but to add to my mess, I just found out last months payment did not go through as I was a number short when I typed in there account number, but I didnt realise it had been returned....

I just paid this months payment.

To summarise I am to pay the monthly payment plus £75...

There is some good news, my wife has been offered a part time job to start in January, will this help our case ?

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Yes, your wife's new job will help - you will need to show the confirmation letter to the court.

 

Do you still have the money from last month's payment that was returned?

 

If you don't have a budget sheet I've affixed the one we normally use. You should include your wife's earnings from the new job as that is what your income will be going forward.

 

Ell

Budget Sheet.xls

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Thats the stupid thing, as I didnt reliase it was returned slowly each few days you withdraw money, buy food etc... and you dont realise... I feel stupid about not looking properly at it !

 

I got the budget sheet from another thread, and will hopefully get confirmation letter in the next day or so about her job.

 

The full arrears are £4.5k but speaking to Cobbetts yesterday they said if I can pay £2.5k by 10th they will not seek possession, sadly I dont have that.

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Him, Ok - we can't really do anything with the N244 till Monday. I'm away from tonight until Sunday so I'll catch up with you then and we can finalise the statement for Q.10.

 

In the meantime these are the instructions for completing the other parts of the N244:

 

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

 

Ell

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Ok thankyou, I got a template you done for someone else so I do something with that and send it to you to look at..

 

Many thanks for your time and help again..

 

I spent the last two days constantly ringing CAB, always on the phone, was going to go down there today and found out that from 13th Nov it is longer a drop in centre !!!

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Well done, that's great :) I've just made a few amendments, hope that's OK with you.

 

Ell

Timetostandup N244 Statement.doc

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You need to affix everything you have mentioned in the statement -

 

the letter regarding the new agreement - Appendix 1

the financial assistance documents - Appendix 2

the budget sheet - Appendix 3

 

all need to be affixed

 

On each of the above documents, write the claim number on the top left hand corner and the relevant Appendix number on the top right hand corner.

 

You then assemble as follows:

 

N244 form

Statement, signed

Appendix 1 -

Appendix 2

Appendix 3

 

This forms a "pack" for court. You need 3 of these packs, one to take to the court tomorrow, one for you to refer to in court and one spare to take to court in case the other side haven't been sent a copy by the court.

 

Any questions, just shout.

 

Ell

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

 

 

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Ok dropped it off to the court today and they gave me a date of 8th December, which is disappointing as its only two days before the scheduled eviction date.

 

Although 110% confident that it will be suspended, it still if things went wrong will leave you literally a day to pack up and get out.

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Interesting, thought I phone up there Solicitors today to see if there was a change of heart.. but hell no, not from them..

 

So I phoned up Accord, spoke to a real nice lady who went through it with me me, saying they only cancel if I paid all arrears up front, no chance I said.

 

Then she started advising me on what to do, go to the courts take out N244 form, and I should be ok, what they dont realise is I already done that, so they obviously have not received the papers from the courts, and seeing as its on Tues 10am, could I be unopposed ?

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........Then she started advising me on what to do, go to the courts take out N244 form, and I should be ok, what they dont realise is I already done that, so they obviously have not received the papers from the courts, and seeing as its on Tues 10am, could I be unopposed ?

 

That would be nice, being unopposed, but dont count on it they can get an agency solicitor to attend pretty quickly if they want.

Be brave, it will be fine.:)

Regards

 

on*the*case

 

Never Give Up! Never Surrender!

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I got the eviction suspended, but a bit frustrated it went this far, because as soon as I turned up at court there solicitor approached me and said they where going to agree to the suspension due to the case we put in our N244...

 

So why couldnt they of done this yesterday, instead of me taking a day off work etc...

 

Oh well never mind, but still had to wait 1hr 20mins to sit down in front of the judge for 1 minute...

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That's good news - well done for being so brave :)

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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