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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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Mortgage Resolution Limited - Suspended Repo Order - Back In Court - EVICTION CANCELLED


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Hi there, you are right to put in an N244, especially if you can show you are able to pay something towards the arrears.

 

You will need a copy of the letter you sent and their reply to go with the N244. I can help you draft a statement for Q.10 of the N244 which is the most important part. I can do it this afternoon/evening if you want me to?

 

Ell

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No problem, back shortly:)

 

Are you sure you can afford to pay £200 towards the arrears?

 

Is the mortgage in joint names?

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No problem, back shortly:)

 

Are you sure you can afford to pay £200 towards the arrears?

 

Is the mortgage in joint names?

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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Just been going through my paperwork for this mortgage and the original paperwork shows that we chose the FIXED TERM for 3 years at 9.51% compared to a variable that was showing 11.7%

 

Now, call me cynical, but in the space of two years, I doubt if it has dropped by 7.49%. Is there anywhere I can check to see the rate fluctuation over the previous period.

 

One of my friends mentioned that I may have been mis-sold...do I mention this in court?

 

Got to say Ell, as this is my third hearing I am very nervous as I feel they may just say enough is enough!

 

Should I go to my council before the court hearing re-MRS? I am totally baffled now...

 

TIA

Edited by battler1966
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Just been going through my paperwork for this mortgage and the original paperwork shows that we chose the FIXED TERM for 3 years at 9.51% compared to a variable that was showing 11.7%

 

Now, call me cynical, but in the space of two years, I doubt if it has dropped by 7.49%. Is there anywhere I can check to see the rate fluctuation over the previous period.

 

One of my friends mentioned that I may have been mis-sold...do I mention this in court?

 

Got to say Ell, as this is my third hearing I am very nervous as I feel they may just say enough is enough!

 

Should I go to my council before the court hearing re-MRS? I am totally baffled now...

 

TIA

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Hi, I've known people be in court half a dozen times, but due to their circumstances they have still kept their home. I'm sure you will be OK as long as you can afford the payments towards the arrears.

 

Affixed is your statment for Q.10. You will need to enter information where I have put XXX's (remove the XXX's).

 

Write the claim number on the top left hand side of each of your appendices and the Appendix number on the top right hand side.

 

You should then assemble as follows:

 

N244 form

Signed statment

Appendix 1 - your letter offering payment and theirs refusing it

Appendix 2 - DWP docs

Appendix 3 - budget sheet

 

This forms your pack to take to the court make sure you staple it securely together.(take a photocopy of it all for yourself to refer to at the hearing).

 

Any questions, just shout.

 

Ell

Battler1966 N244 Statement.doc

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Hi, I've known people be in court half a dozen times, but due to their circumstances they have still kept their home. I'm sure you will be OK as long as you can afford the payments towards the arrears.

 

Affixed is your statment for Q.10. You will need to enter information where I have put XXX's (remove the XXX's).

 

Write the claim number on the top left hand side of each of your appendices and the Appendix number on the top right hand side.

 

You should then assemble as follows:

 

N244 form

Signed statment

Appendix 1 - your letter offering payment and theirs refusing it

Appendix 2 - DWP docs

Appendix 3 - budget sheet

 

This forms your pack to take to the court make sure you staple it securely together.(take a photocopy of it all for yourself to refer to at the hearing).

 

Any questions, just shout.

 

Ell

Battler1966 N244 Statement.doc

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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No it wouldn't look bad - you have to say that you were pressured into offering that amount but you cannot maintain it and therefore are offering a more realistic amount. Do you want me to alter the statment?

 

Ell

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No it wouldn't look bad - you have to say that you were pressured into offering that amount but you cannot maintain it and therefore are offering a more realistic amount. Do you want me to alter the statment?

 

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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How much did you offer in your letter and how much do you want to offer now?

 

Do you think the arrears figure they have quoted has monthly arrears charges in it? i.e. how much do you think is just missed payments and have you had a statement from them?

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How much did you offer in your letter and how much do you want to offer now?

 

Do you think the arrears figure they have quoted has monthly arrears charges in it? i.e. how much do you think is just missed payments and have you had a statement from them?

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 Ell

 

OK, the offer made in the letter was for £350 should we be moved onto the variable rate bringing the monthly total due DOWN by £400 compared to the current situation.

 

As for now, I am just finishing the budget sheet off and will post an amount shortly.

 

The total arrears stands at £12k (no breakdown supplied as yet although I have asked for one)

 

I think that including the latest 2 (June and July) the total missed payments is 8 BUT the last two were missed due to my job loss and I have now got secured income from both the WTC and my wifes £700pm. This does not include my SE income which is currently £400 per month.

 

Does this help?

 

Regards

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Hi Ell

 

OK, the offer made in the letter was for £350 should we be moved onto the variable rate bringing the monthly total due DOWN by £400 compared to the current situation.

 

As for now, I am just finishing the budget sheet off and will post an amount shortly.

 

The total arrears stands at £12k (no breakdown supplied as yet although I have asked for one)

 

I think that including the latest 2 (June and July) the total missed payments is 8 BUT the last two were missed due to my job loss and I have now got secured income from both the WTC and my wifes £700pm. This does not include my SE income which is currently £400 per month.

 

Does this help?

 

Regards

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The court will only look at what your monthly payment is now. So you need to offer what you can comfortably afford towards the arrears on top of what the monthly payment is now.

 

You can then inform the court that when your mortgage payment comes down you will be able to pay more towards reducing the arrears.

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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The court will only look at what your monthly payment is now. So you need to offer what you can comfortably afford towards the arrears on top of what the monthly payment is now.

 

You can then inform the court that when your mortgage payment comes down you will be able to pay more towards reducing the arrears.

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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The court will only look at what your monthly payment is now. So you need to offer what you can comfortably afford towards the arrears on top of what the monthly payment is now.

 

You can then inform the court that when your mortgage payment comes down you will be able to pay more towards reducing the arrears.

Thanks for the info Ell

 

It is looking like around the £100 mark. Half of the original but my circumstances have changed massively.

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The court will only look at what your monthly payment is now. So you need to offer what you can comfortably afford towards the arrears on top of what the monthly payment is now.

 

You can then inform the court that when your mortgage payment comes down you will be able to pay more towards reducing the arrears.

Thanks for the info Ell

 

It is looking like around the £100 mark. Half of the original but my circumstances have changed massively.

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