Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

Eviction date of MOn 15 12 2008 - with only 5 working days notice? ANy help much appreciated! EVICTION CANCELLED


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5332 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Did you tell them it was tomorrow? Don't speak to them again and don't answer their calls - certainly don't do their work for them by telling them what is in your statement.

 

Try and relax a bit if you can, you need to keep calm for tomorrow. Have you been to a court hearing before?

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.

Link to post
Share on other sites

  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I just said i was taking it back to court tomorrow (they don't know that a judge is available). I went in dec and then for the 2nd time in january as the order was suspended until the 16 th of jan on the proviso that jans payment was made so in short yes but am more nervous this time as its the 3rd time and am thinking the judge is going to get fed up seeing this case!!

Link to post
Share on other sites

The judge will have seen so many cases since January that he won't remember yours :)

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.

Link to post
Share on other sites

OK, stay positive and shout if you need some support :)

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.

Link to post
Share on other sites

Well we went to court today for our hearing and reqeusted that the judge suspend the posession order and basically he laughed the mortgage companys legal rep out of court!!! The solicitor stood there with completely the wrong figures ( luckily our statement from jan - may came through in time) and when the judge asked how much we were in arears the solicitor siad contractually 1 month ( going off the payment being due on the 1st which it isn't as theya greed the 25th of each month) but technically nothing????!!! The judge asked who the lending company were becasue on one document it says db mortgages and then the rest say wave lending ( who are wave ledning we have never heard of them). It was so funny becasue by the end of it their solicitor was seeming to be defending my case??!!!

The judge upheld the suspended order as long as payment is recieved bythe 1st of the following month!!! Hurrah we stuffed the other side who had no real case and completely no defence!!! Thanks so much to Ell-enn -she was brilliant as always!

 

Our advice to everyone is to keep records of eveything, get everything in writing and don't be afraid to go to court - it's not as bad as it seems! As long as you can prove you can pay or your circumstances are going to change in the immediate future you have something to fight with :) The judge was very nice and he even said that he was lookign to suspend the order from the start anyway as we put such a great defence statement across ( again thanks to Ell-enn).

Link to post
Share on other sites

That's Brilliant News!!! I'm so pleased for you, and WELL DONE for being so brave and standing up for yourselves. Glad to hear you got a sensible judge (2nd one I've heard of today!).

 

I love it when the other side gets a "slap" from the judge:D

 

Hope you can now relax - put your feet up and have a glass or two tonight:)

 

Ellx

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.

Link to post
Share on other sites

If you scroll right to the top of the page you will see a grey button which says Please Donate to Help Keep this Site Alive :)

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.

Link to post
Share on other sites

Soooooooooo very pleased 4 u, Ell en is the dogs b***** !!!! She saved my girls bacon with her calm word of wisdom, she really does take the panic and fear away, take care peeps

 

Lilylou

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

Link to post
Share on other sites

Wel done again. jusice has been done and I hope eventually you can get away from this company and then put in a claim for the arrears charges.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

  • 4 months later...
Well we went to court today for our hearing and reqeusted that the judge suspend the posession order and basically he laughed the mortgage companys legal rep out of court!!! The solicitor stood there with completely the wrong figures ( luckily our statement from jan - may came through in time) and when the judge asked how much we were in arears the solicitor siad contractually 1 month ( going off the payment being due on the 1st which it isn't as theya greed the 25th of each month) but technically nothing????!!! The judge asked who the lending company were becasue on one document it says db mortgages and then the rest say wave lending ( who are wave ledning we have never heard of them). It was so funny becasue by the end of it their solicitor was seeming to be defending my case??!!!

The judge upheld the suspended order as long as payment is recieved bythe 1st of the following month!!! Hurrah we stuffed the other side who had no real case and completely no defence!!! Thanks so much to Ell-enn -she was brilliant as always!

 

Our advice to everyone is to keep records of eveything, get everything in writing and don't be afraid to go to court - it's not as bad as it seems! As long as you can prove you can pay or your circumstances are going to change in the immediate future you have something to fight with :) The judge was very nice and he even said that he was lookign to suspend the order from the start anyway as we put such a great defence statement across ( again thanks to Ell-enn).

 

my god, what a saga!! I so wished I had found your thread earlier. I'm also with DB - they are monsters, threatening to evict at moment's notice (I've had five eviction notices from them and am expecting another any day now). Did you ask them to capitalise the arrears into the mortgage? My situation isn't identical to yours (I have a thread about it) but you've given me hope I might be able to battle DB back. i'd love to get another mortgage elsewhere but, given the current financial situation and my credit rating, I think I'm stuck with them. Well done for taking them on!!!

 

CXX

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...