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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 
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    • 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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Hi Battler - all is not lost (unless you give up fighting!)

 

So - what did they say when you asked to be put on their variable rate? Do you need any help with a letter to send to them?

 

Also - given your circumstances have you contacted Shelter? (they're not just for homeless) they may be able to exert some influence on the lender and offer help if you have to go to court again to defend eviction. Their free helpline is 0808 800 4444

 

I'm more than happy to help you with a N244 submission, but give Shelter a ring first and see if they have any other options for you.

 

Kind Regards

 

Ell-enn

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Hi there, I'll draft you a letter and put on here ether tonight or tomorrow so you can post it to them recorded delivery on Monday:)

 

Ell

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Sorry - I got waylaid with another case - will do the letter and post up this evening.

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Hi there, apologies for delay. Letter affixed - you should send by recorded delivery, keep a copy and also the proof of posting so you can check on the Royalmail website in a few days to print off the signature receipt. Keep all safe together.

 

Also affixed is the budget sheet we use, you need to send that with the letter.

 

Ell

Battler 1966 letter June 09.doc

Budget Sheet.xls

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  • 3 weeks later...

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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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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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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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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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.

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OK, I've amended the statement to £100 per month towards the arrears. Given your circumstances I think you'll be OK with that. I have also put in the statement that you are querying the amount of the arrears.

 

When you print it out make sure your printer is set for A4 paper (not Letter size) so it all stays on the one page.

 

You need to get it to the court asap (the fee will be £35.00 if you have an eviction warrant).

 

Ell

Battler1966 N244 Statement.doc

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Have you taken the N244 to court?

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Take the form to the court first! then give them a ring - but, no matter what they say you MUST attend the hearing. They may agree your proposal over the phone, but you need to get it confirmed by the judge.

 

Ell

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Let us know when the hearing is

 

you'll be OK :)

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Hi there, fax them the letter and then make enquiries about the mortgage rescue scheme (that will take time though). We can always do an up to date statement to take to the court on Monday telling them that the mortgage company asked for the letter etc.

 

Ell

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Hi there, do try to stay positive, I understand it's hard and you are bound to feel anxious.

 

If there are free legal reps at court then you should most definitely ask them to come into the hearing with you.

 

I'll be thinking about you tomorrow and look forward to hearing good news:)

 

Ellx

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If you are sure you qualify for MR then no harm in mentioning it.

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Never give up!! Your wife is pregnant ffs - there is no way a judge will order you out on the same day!

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The bailiff's office will be advised that there is a hearing regarding your case and they won't do anything until they hear fromt he judge. However, the fact that it is adjourned may give the lender more time to consider the fax you sent. Get on the phone to them now and ask if the fax is being dealt with.

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Ring them again and tell them the situation is putting your pregnant wife's health at risk given that their solicitor couldn't attend and it has been adjourned until the morning of the intended eviction.

 

Then get your wife down to the doctor's - give him the details and see if he'll give you a letter for the court (you can fax it to the lender then!!).

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Get your wife to the doctors and tell him the stress is making her ill (understatement I should think!). See if he will give you a letter for court.

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Crikey - did she tell the doctor you were in danger of being homeless on Wednesday???

 

Is your wife able to go to court with you? maybe the sight of a distessed pregnant woman might give the judge something to think about.

  • Haha 1

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Have the council given you any paperwork for the MRS ?

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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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  • 1 month later...

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:

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