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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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staffyloos repossesion ADJOURNED


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OK, when can you get the print out from the bank?

 

Is the mortgage in joint names?

 

You need to assemble the following:

 

Your letter offering payment arrangement

Their letter accepting it

Their letter asking for a payment arrangement

Your letter in reply (the one stating you had already made an arrangement).

 

Copies of the cheques you have sent and the postal receipts

Bank statement showing cheques have been cashed.

 

Take a photocopy of the cheque for the normal payment you are sending this week.

 

I'm writing the statement now.

 

Ell

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Hi there - I have affixed the statement. You need to fill in the information at the top where there are XXX's (remove the XXX's), and also fill in where there are XXX's in the statement - so read it carefully to make sure you find them all. When you print out the statement make sure your printer is set for A4 paper and that it all prints on one page.

 

On each of the following letters write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

 

Your letter offering payment arrangement

Their letter accepting it

Their letter asking for a payment arrangement

Your letter in reply (the one stating you had already made an arrangement).

 

Once you have the bank statement - write the claim number and Appendix 2.

 

On the Budget sheet - write the claim number and Appendix 3.

 

You should then assemble in order:

 

Statement

All letters forming Appendix 1

Bank Statement -Appendix 2

Budget Sheet - Appendix 3

 

You will then need to take a photocopy of it all before you take it to the court as you will need oneset to refer to yourself on the day. Staple everything securely together.

 

Any questions just shout:)

 

Ell-enn

Staffyloo statement.doc

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Well what they want and what they get are two different things! You made a proposal of £100 per week because that is what you can afford, and that is what your budget sheet shows you can afford. The judge will make his decision based on that.

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Hi there, when you get to the court take it to the court office and hand it over at the desk with the £35.00 fee they will know what it is and deal with it.

 

Make sure you take a photocopy of everything for yourself before you take it.

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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Yes good luck. Hope everything goes ok

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

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Ah, I've just remembered - yours is a restored hearing isn't it? so you wouldn't have to pay a fee (grey cells are a bit overloaded these days lol).

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I'll write you a statement to take to the hearing and post it on here over the weekend.

 

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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Hi Staffy, has anything changed since you took the statement to court i.e. have you made another payment? If not, there is not much point in writing another statement as you only need to take a copy of the first one with you.

 

Ell

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Hi, there's nothing else we can add then, so no point in taking another statement. I'm sure you will be ok with the information you've provided.

 

Stay positive, and let us know your good news :)

 

 

Ell

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hi ell-en well tommorrows the day ,spoke to capstone yesterday i phoned to make sure they had recived the cheque because it has not been cashed yet.anyway they said they had recieved it and it had been applied to my account

they asked if i would be attending court and i told them yes i would ,they then confirmed to me they would not object a suspended possesion ive known this since the begining of the month but was still relieved.

so tommorrow what does one wear casual ,smart and how do i adress the judge your honour? sir/madam?

i think im finding things to worry about now.

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Hi Staffy, the hearing will be held in a private room (not a court room like on TV) with just yourself, the judge and the representative from the other side. You will sit around, or in front of, a table - just like a meeting. The public are not admitted to these type of hearings.

 

You should arrive in plenty of time - you only need to dress smart. Some courts have free legal reps on days when possession hearings are being held - if so you could ask one of them to accompany you into the hearing.

 

As it is the Claimant who is bring the action, the judge will speak to them first and then come to you. The judge will know you are nervous and they are usually very good at guiding you through the process. You should address the judge as Sir or Madam. Take your time and speak slowly (you probably won't have to say anything much - other than say you understand when the judge asks lol). It should all be over in 5 minutes and you will be outside on the street with a great weight lifted off your shoulders.

 

You'll be OK - stay positive.

 

Ellx

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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todays the day ,i am nervous been up since 5 0clock ,cant wait until its over i have visions of the judge giving a possesion order even though capstone said they wont object to a suspended .ill let everyone know the outcome:)

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Hi staffylou - just wishing you all the best for today. You've had fantastic support from Ell-Enn. You'll be fine - stay strong - and let us know how you get on.

 

Best wishes - jaxads x

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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