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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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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Mortgage Resolution Limited - Suspended Repo Order - Back In Court - EVICTION CANCELLED


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Been to the council and he has said that we can apply for the MRS and we should ask the judge for a stay.

 

However, me being a sceptic, have booked in to view 2 properties tonight and if the worst came to the worst I will ask the judge for more time to allow us to move out...

 

Will try and keep you updated but of course, if you do not hear back from me tomorrow you know I am wandering the streets...

 

TIA

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Been to the council and he has said that we can apply for the MRS and we should ask the judge for a stay.

 

However, me being a sceptic, have booked in to view 2 properties tonight and if the worst came to the worst I will ask the judge for more time to allow us to move out...

 

Will try and keep you updated but of course, if you do not hear back from me tomorrow you know I am wandering the streets...

 

TIA

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Have the council given you any paperwork for the MRS ?

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Have the council given you any paperwork for the MRS ?

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....guess what...after all the hard work and support from ell-enn and with fantastic representation from the MAC guy, we have got a stay!

 

The judge was firm but fair, clearly stating it is my last chance BUT she also urged the mortgage rep to ensure SERIOUS consideration is given to the rate switch.

 

Plan B is already in place if they say no and that is a rented house that is BIGGER than mine and would cost us £600 a month as opposed to 1056.00

 

She also ordered we pay £100 per month and it is to be reviewed in November.

 

My heart felt thanks on behalf of my family go out to Ell....

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

:)

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Hi....guess what...after all the hard work and support from ell-enn and with fantastic representation from the MAC guy, we have got a stay!

 

The judge was firm but fair, clearly stating it is my last chance BUT she also urged the mortgage rep to ensure SERIOUS consideration is given to the rate switch.

 

Plan B is already in place if they say no and that is a rented house that is BIGGER than mine and would cost us £600 a month as opposed to 1056.00

 

She also ordered we pay £100 per month and it is to be reviewed in November.

 

My heart felt thanks on behalf of my family go out to Ell....

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

:)

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

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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'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

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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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

 

Indeed we can, on at least 3 occassions during the hearing I could feel myself getting close to crying...

 

I have just spoken to them about the rate and they were abrupt to say the least...

 

My wife and I are now going to document all the ins and outs and make a call on which route to take. I do not want to go down this path again.

 

Once again ell....

 

THANK YOU xxx

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I'm soooo pleased for you - well done for being so brave :) you must be glad you didn't give up;)

 

I hope you can both relax now and look forward to the arrival of your new baby.

 

Lxx

 

Indeed we can, on at least 3 occassions during the hearing I could feel myself getting close to crying...

 

I have just spoken to them about the rate and they were abrupt to say the least...

 

My wife and I are now going to document all the ins and outs and make a call on which route to take. I do not want to go down this path again.

 

Once again ell....

 

THANK YOU xxx

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  • 1 month later...

Hi Ell and fellow Cadgers.

 

Still no news from the mortgage company regarding the rate change. I have paid this months mortgage and of course, next months is looming large.

 

So I am re-sending the letter (recorded) on Monday...do you think I need to add anything further to assist is a positive outcome?

 

######### THE LETTER DRAFT #############

 

We write regarding the above account to ask for your help in resolving the arrears situation which regrettably had become subject to a recent possession hearing.

 

At this hearing, we indicated to the Judge that we had requested you switch our mortgage from the fixed rate of 9.51% to the variable rate quoted (06.06.09) of 4.21% by xxxxxx xxxxxx. This request was faxed to your offices on 06.07.09 and we have a receipt that proves it arrived safely at your offices.

 

The judge duly noted this request and commented to your legal representation that this would indeed be a pertinent course of action to take as it would assist all parties under the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol.

 

As of today, we still have no reply from you with respect to this request hence this letter being re-presented.

As you will be aware, these proceedings will be due for review by the same Judge in November of this year and we would like to inform her that you have indeed assisted us where necessary regarding the rate change.

 

We are sure you are aware of the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol whereby lenders are required to give positive assistance to customers who are in financial difficulties and who are asking for help.

 

We trust you will understand our position in this and look forward to your positive response.

 

######################

 

Thanks in advance.

Edited by battler1966
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Hi Ell and fellow Cadgers.

 

Still no news from the mortgage company regarding the rate change. I have paid this months mortgage and of course, next months is looming large.

 

So I am re-sending the letter (recorded) on Monday...do you think I need to add anything further to assist is a positive outcome?

 

######### THE LETTER DRAFT #############

 

We write regarding the above account to ask for your help in resolving the arrears situation which regrettably had become subject to a recent possession hearing.

 

At this hearing, we indicated to the Judge that we had requested you switch our mortgage from the fixed rate of 9.51% to the variable rate quoted (06.06.09) of 4.21% by xxxxxx xxxxxx. This request was faxed to your offices on 06.07.09 and we have a receipt that proves it arrived safely at your offices.

 

The judge duly noted this request and commented to your legal representation that this would indeed be a pertinent course of action to take as it would assist all parties under the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol.

 

As of today, we still have no reply from you with respect to this request hence this letter being re-presented.

As you will be aware, these proceedings will be due for review by the same Judge in November of this year and we would like to inform her that you have indeed assisted us where necessary regarding the rate change.

 

We are sure you are aware of the Civil Justice Council Consultation Paper – Mortgage Arrears Protocol whereby lenders are required to give positive assistance to customers who are in financial difficulties and who are asking for help.

 

We trust you will understand our position in this and look forward to your positive response.

 

######################

 

Thanks in advance.

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

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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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

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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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

 

Hi Ell

 

That's what I thought. She won't like that,

 

Less than 2 weeks to baby coming....time to get that nursery painted LOL.

 

Thanks again

 

:wink:

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That looks fine - if they don't respond, you will then be able to show the judge the two letters (and proofs of receipt):wink:

 

Hi Ell

 

That's what I thought. She won't like that,

 

Less than 2 weeks to baby coming....time to get that nursery painted LOL.

 

Thanks again

 

:wink:

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Oooo - keep us updated on the baby - do you know if it's a boy or girl or are you waiting to be surprised lol :)

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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Oooo - keep us updated on the baby - do you know if it's a boy or girl or are you waiting to be surprised lol :)

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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  • 1 month later...

CONGRATULATIONS!

Hope you are all well :)

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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