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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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    • A2Dominion - Housing Association property flooding - damning ombudsman report

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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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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

In court on Tues, worried sick CASE ADJOURNED

Shazza50
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caro

caro

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With everything prepared I'm sure you'll be fine Shazza. Ell-enn has prepared lots of statements which have been very effective.

 

What's happening about April's payment?

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

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With everything prepared I'm sure you'll be fine Shazza. Ell-enn has prepared lots of statements which have been very effective.

 

What's happening about April's payment?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Shazza50

Shazza50

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Aprils payment will be paid on the 28th, have to wait for hubbys pension to go in the bank.

Ell-enn, I have to go out now but if there is any info you need to help with the statement, let me know and I will get it together for later.

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Shazza50

Shazza50

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Aprils payment will be paid on the 28th, have to wait for hubbys pension to go in the bank.

Ell-enn, I have to go out now but if there is any info you need to help with the statement, let me know and I will get it together for later.

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Ell-enn

Ell-enn

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Hi Shazza, I will draft a statement for you shortly - in the meantime can you fill in the affixed budget sheet as you will need to show the judge how you can afford the payments you are offering.

 

I'm interested to know what the advisor that was helping you advised you to do on the day of the hearing? if they advised that you did not need any paperwork what exactly did they advise you to do, especially as they could not attend court with you ?

Budget Sheet.xls

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Ell-enn

Ell-enn

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Hi Shazza, I will draft a statement for you shortly - in the meantime can you fill in the affixed budget sheet as you will need to show the judge how you can afford the payments you are offering.

 

I'm interested to know what the advisor that was helping you advised you to do on the day of the hearing? if they advised that you did not need any paperwork what exactly did they advise you to do, especially as they could not attend court with you ?

Budget Sheet.xls

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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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Shazza50

Shazza50

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Ellen, the advisor told us to take our I & E sheet with us, have a word with their solicitor beforehand to see what they intended to do. Also because I had managed to get a lower repayment than expected on one of our loans I could add the difference to what we were offering.

The reason we went to see her was to have someone speak for us as I am petrified about it.

I will get on with the budget sheet for you now.

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Shazza50

Shazza50

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Ellen, the advisor told us to take our I & E sheet with us, have a word with their solicitor beforehand to see what they intended to do. Also because I had managed to get a lower repayment than expected on one of our loans I could add the difference to what we were offering.

The reason we went to see her was to have someone speak for us as I am petrified about it.

I will get on with the budget sheet for you now.

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Shazza50

Shazza50

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Ok, I have done the budget sheet, now how do I get you to see it :-).

This budget sheet will be different to the one the advisor has sent to NR as one of the two loans was reduced lower than expected so I have increased the offer of payment from £35 to £50. The other loan payment hasn't been confirmed yet as I've only just got the forms to send them and apparently it can take a couple of weeks. As it hasn't been confirmed I think I will offer less than I first thought was a good one.

Another thing I have to take into account is an impeding charging order on the house. I have this week received papers from the company informing me of their intentions (it never rains but it pours in this house). I noticed that they say once the charging order has been made they will be content to accept payments at a rate that I can realistically can afford.

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Shazza50

Shazza50

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Ok, I have done the budget sheet, now how do I get you to see it :-).

This budget sheet will be different to the one the advisor has sent to NR as one of the two loans was reduced lower than expected so I have increased the offer of payment from £35 to £50. The other loan payment hasn't been confirmed yet as I've only just got the forms to send them and apparently it can take a couple of weeks. As it hasn't been confirmed I think I will offer less than I first thought was a good one.

Another thing I have to take into account is an impeding charging order on the house. I have this week received papers from the company informing me of their intentions (it never rains but it pours in this house). I noticed that they say once the charging order has been made they will be content to accept payments at a rate that I can realistically can afford.

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Ell-enn

Ell-enn

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Hi, you can send the budget sheet to me at [email protected]

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Ell-enn

Ell-enn

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Hi, you can send the budget sheet to me at [email protected]

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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Ell-enn

Ell-enn

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Shazza I've replied to your email

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Ell-enn

Ell-enn

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Shazza I've 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

 

 

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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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Ell-enn

Ell-enn

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Hi there, Affixed is the statement to take to th ehearing.You need to fill in the info where there are XXX's in the statement (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Staple the budget sheet to the statement. You will need three sets, one for the judge, one for the other side's rep and one for yourselves to refer to in the hearing.

 

Get to the court early and ask the usher if they can give your statement to the judge before the hearing. If they can't, then you will need to hand it to the judge in the hearing. When the judge has finished the introduction you should say "Sir/Madam, may I please give you a statement" and then just hand it over. Give a copy to the rep for the other side at the same time.

 

Also when you arrive at court, ask if there are any free legal advisors on duty that can support you in the hearing.

Shazza statement.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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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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Ell-enn

Ell-enn

Posted
Posted

Hi there, Affixed is the statement to take to th ehearing.You need to fill in the info where there are XXX's in the statement (remove the XXX;s) read through it carefully to make sure everything is OK. When you print it out, your printer needs to be set for A4 paper (not Letter size) so it all stays on one page.

 

On the budget sheet write the Claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Staple the budget sheet to the statement. You will need three sets, one for the judge, one for the other side's rep and one for yourselves to refer to in the hearing.

 

Get to the court early and ask the usher if they can give your statement to the judge before the hearing. If they can't, then you will need to hand it to the judge in the hearing. When the judge has finished the introduction you should say "Sir/Madam, may I please give you a statement" and then just hand it over. Give a copy to the rep for the other side at the same time.

 

Also when you arrive at court, ask if there are any free legal advisors on duty that can support you in the hearing.

Shazza statement.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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caro

caro

Posted
Posted

Looks like everything's coming together nicely shazza. :-)

  • Confused 1
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro

caro

Posted
Posted

Looks like everything's coming together nicely shazza. :-)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Shazza50

Shazza50

Posted
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Posted (edited)

Thank you so much, that is really helpful Ell-enn.

I have just been looking through the history of payments that they have sent me and I haven't actually missed a payment since November apart from the hiccup with the direct payment in Jan which was paid as soon as I noticed it. There is also another £565 to be taken off the arrears that I paid in March.

If there is a free legal advisor there, will they speak for us?

Do I approach their solicitor?

There is £28 left over on the budget sheet, what do I do about that, should I add it to my housekeeping or just leave it.

Edited by Shazza50
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Shazza50

Shazza50

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Thank you so much, that is really helpful Ell-enn.

I have just been looking through the history of payments that they have sent me and I haven't actually missed a payment since November apart from the hiccup with the direct payment in Jan which was paid as soon as I noticed it. There is also another £565 to be taken off the arrears that I paid in March.

If there is a free legal advisor there, will they speak for us?

Do I approach their solicitor?

There is £28 left over on the budget sheet, what do I do about that, should I add it to my housekeeping or just leave it.

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Ell-enn

Ell-enn

Posted
Posted

The stance used to be that you should have nothing left over as everything should be accounted for in the categories on the sheet, however, there have been some instances where a judge has asked what you would use in an emergency. It's really up to you but I still think you should show as little as possible left over - under £5 really. Most people would cut back on petrol or housekeeping if there was an unexpected expense.

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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