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    • 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
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SPML Capstone Mortgage corp. EVICTION CANCELLED


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Hi there, just a couple of questions before I give you the instructions for filling in the N244. You will need your budget sheet to go with the N244 and also copies of the letters you sent.

 

Is the mortgage in joint names?

 

How old are your children?

 

 

Kind Regards

 

Ell-enn

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Hi there, these are the instructions for filling in the N244 (except Q.10 - which I will send you a statement for that separately).

 

1. Your names

2. Tick Defendant

3. Suspension of warrant for eviction - payment proposal offered

4. No

5. Tick at a hearing

6. 15 minutes

....Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Attached Witness Statement

......Cross out all options except We Believe

......Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants.

......Enter your address and contact details.

 

I will post a statement for you to attach re Q.10 later this morning.

 

Kind Regards

 

Ell-enn

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 there, these are the instructions for filling in the N244 (except Q.10 - which I will send you a statement for that separately).

 

1. Your names

2. Tick Defendant

3. Suspension of warrant for eviction - payment proposal offered

4. No

5. Tick at a hearing

6. 15 minutes

....Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for Attached Witness Statement

......Cross out all options except We Believe

......Sign and cross out all options except Applicants

11. Sign and cross out all options except Applicants.

......Enter your address and contact details.

 

I will post a statement for you to attach re Q.10 later this morning.

 

Kind Regards

 

Ell-enn

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 there, managed to finish your statement for Q10, as one of my meetings at work has been cancelled (thank goodness!). Where I have put XXX's you will need to put in the details at the top of the statement - you will get that information from the eviction notice. (I have also put XXX's in the first bullet point where your names need to be).

 

Also, there are two appendices which you need to affix.

 

The first is a budget sheet (also affixed) which you need to complete to show that you are able to maintain the £200 extra per month).

 

The second is the letter and royal mail signature receipt for the letter.

 

On each of the documents you need to write the claim number (top left hand corner) and the Appendix number (top right hand corner).

 

We can go through the procedure for the court hearing later when you have got a date (try not to worry too much - it will not be anything like as bad as you think).

 

Any questions, just shout.

 

Ell-enn

Scared N244 Statement.doc

Budget Sheet.xls

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 there, managed to finish your statement for Q10, as one of my meetings at work has been cancelled (thank goodness!). Where I have put XXX's you will need to put in the details at the top of the statement - you will get that information from the eviction notice. (I have also put XXX's in the first bullet point where your names need to be).

 

Also, there are two appendices which you need to affix.

 

The first is a budget sheet (also affixed) which you need to complete to show that you are able to maintain the £200 extra per month).

 

The second is the letter and royal mail signature receipt for the letter.

 

On each of the documents you need to write the claim number (top left hand corner) and the Appendix number (top right hand corner).

 

We can go through the procedure for the court hearing later when you have got a date (try not to worry too much - it will not be anything like as bad as you think).

 

Any questions, just shout.

 

Ell-enn

Scared N244 Statement.doc

Budget Sheet.xls

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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You're welcome - let me know when the hearing is. You really need to get the form to the court today if at allpossible.

 

Ell

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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You're welcome - let me know when the hearing is. You really need to get the form to the court today if at allpossible.

 

Ell

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-enn, just to let you know that the hearing is on Monday at 2pm. I couldn't get down to the court until Tuesday and Monday is the next day that they have a judge in (they only have a judge 6 times a month weirdly!)

I have paid this months mortgage in cash and have a receipt for that, should I take it to the hearing?

Thanks,

scared79 xx

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Hi Ell-enn, just to let you know that the hearing is on Monday at 2pm. I couldn't get down to the court until Tuesday and Monday is the next day that they have a judge in (they only have a judge 6 times a month weirdly!)

I have paid this months mortgage in cash and have a receipt for that, should I take it to the hearing?

Thanks,

scared79 xx

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Hi there, yes - take 3 copies of the receipt with you. I'm sure it will all go fine for you.

 

The hearing will be conducted in a private room with just yourself, the judge and a representative from the other side. The judge will be aware that you are nervous and will guide you through the process.

 

As this is your application your side will be heard first. When the judge asks you a question, just speak slowly and clearly. You should address him/her as Sir/Madam. The hearing should take no more than 10 minutes.

 

Did you ask the court staff if they have any CAB representatives attending on possession hearing days?

 

Kind Regards

 

Ell-enn

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 there, yes - take 3 copies of the receipt with you. I'm sure it will all go fine for you.

 

The hearing will be conducted in a private room with just yourself, the judge and a representative from the other side. The judge will be aware that you are nervous and will guide you through the process.

 

As this is your application your side will be heard first. When the judge asks you a question, just speak slowly and clearly. You should address him/her as Sir/Madam. The hearing should take no more than 10 minutes.

 

Did you ask the court staff if they have any CAB representatives attending on possession hearing days?

 

Kind Regards

 

Ell-enn

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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Hiya Ell-enn, I forgot to ask if they have any CAB reps so I'm going to ask when I get there. I'm setting off in 10 minutes so I can be there half an hour or so early. Wish me luck!!! I've never shook so much in my life, I'm terrified, mainly because before I paid this months mortgage, it's nearly a year since the last payment and I'm worried that will go against us. But another couple of hours and I'll know either way, I'll let you all know how I get on.

scared79 xx

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Hiya Ell-enn, I forgot to ask if they have any CAB reps so I'm going to ask when I get there. I'm setting off in 10 minutes so I can be there half an hour or so early. Wish me luck!!! I've never shook so much in my life, I'm terrified, mainly because before I paid this months mortgage, it's nearly a year since the last payment and I'm worried that will go against us. But another couple of hours and I'll know either way, I'll let you all know how I get on.

scared79 xx

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Hi everyone, sorry I didn't get back to you all yesterday, my computer's playing up really badly! Anyway........WE WON!!! The judge was really nice and the lady from Framework who represented me was absolutely fantastic. SPML's agency solicitor was really helpful too although he had to oppose the application, but before the hearing he even rang SPML to ask if they would consider the app considering I had already made a payment. But anyway, the judge ruled in our favour and suspended the warrant on the terms that we had to pay the CMI plus the 200 I had offered each month.

 

I would just like to say a massive thankyou to Ell-enn, your support and help was really very very greatly appreciated and thanks to OLIVE and everyone else who helped me through this forum, you're all fantastic! And I will definitely be donating to the site, it really is a lifesaver!!

Thanks everyone once again,

(no more)scared79 xxx

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Hi everyone, sorry I didn't get back to you all yesterday, my computer's playing up really badly! Anyway........WE WON!!! The judge was really nice and the lady from Framework who represented me was absolutely fantastic. SPML's agency solicitor was really helpful too although he had to oppose the application, but before the hearing he even rang SPML to ask if they would consider the app considering I had already made a payment. But anyway, the judge ruled in our favour and suspended the warrant on the terms that we had to pay the CMI plus the 200 I had offered each month.

 

I would just like to say a massive thankyou to Ell-enn, your support and help was really very very greatly appreciated and thanks to OLIVE and everyone else who helped me through this forum, you're all fantastic! And I will definitely be donating to the site, it really is a lifesaver!!

Thanks everyone once again,

(no more)scared79 xxx

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