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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 
        • I agree
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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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A little help guys please SUSPENDED


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Hi All,

Been a cagger for a good while now and have been helped with my own problems by the good peeps on here , and in turn i hope i have helped a few with theirs.

 

Anyway, this is not my problem but that of a good family friend whom i had noticed had seemed to be carrying the weight of the world on their shoulders. After a lot of persuasion i finally got it out of her.

 

Her mortgage is with gmac and she has got herself in to arrears to the tune of £6,393.00. she managed to negotiate with them to pay a lump sum of £2000 off the arrears and then pay them £150 per month on top of her contractual payment, if she did they would stop the court hearing and no solicitor would attend.

 

You an guess whats coming next...... she didnt attend but the solicitor did and charged her for it. real sweetharts aint they !!

 

I advised her that she should firstly write to these cowboys and complain about the attendance of their solicitor , and secondly remind them of their obligations under new government guidlines, as i know she is going to struggle to pay the extra £150 a month and would be better off requesting a payment holiday and capitalisation of the arrears.

 

She did say that she felt intimidated by gmac over the phone ,and felt bullied into finding the £2000 and agreeing to the £150 a month.

 

Any thoughts on this guys

 

Thanx Sham:)

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shammy36,

The most important thing here is that she must be able to prove her agreement with GMAC to pay £150 as additional to her contractual amount. I assume the negotiated payment was documented. I would not encourage phone calls to GMAC.

 

From now on, if she has not done so already, all communications should be in writing and sent RECORDED delivery. She should refuse to discuss matters on telephone and request written responses.

 

I guess the idea that their solicitor was not attending court was a verbal telephone conversation which is undocumented. She may not know or remember who she spoke with at the time.

 

I will suggest she renegotiate with GMAC making sure that all communication is through letter. She must not offer to pay what she cannot afford. She should send all her letters using RECORDED delivery and keep a copy for her personal file.

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Hi, did GMAC's solicitor get a suspended possession order at court?

 

Kind Regards

 

Ell-enn

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Hi Ell-enn,

 

Nice to hear from you again.

 

No it was ajourned with leave to restore.

 

So they did keep to their part of the bargain on that but not on the solicitor attending and adding more costs.

 

Iam sure if she wrote a good well drafted letter to them she could force them to capitolise the arrears , what do you think ?

 

Kind regards Sham

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It's worth a try - if you need any help with the letter I'm happy to draft one, just let me know.

 

Ell

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Hi Ell-enn

 

That would be great , thank you very much.

 

She now has her arrears down to £4393.00 after that lump sum payment and has twenty years left on her mortgage. anything else you need to know just let me know , but i think the jist of it is in the first post.

 

Thanks again Ell-enn

 

Sham

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Hi Shammy - I'm on it ! will post shortly:)

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

 

 

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OK, here you go.... budget sheet also affixed which needs to go with the letter.

 

It needs to be sent by recorded delivery and keep a copy of both letter and budget sheet. Check on the royalmail website in a few days to print off the signature receipt. Keep all together safe in case we need them to prove they have asked for help.

 

Ell

Budget Sheet.xls

Shammy 17 Nov letter.doc

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  • 4 weeks later...

Hi All,

Just a quick update.

 

Ok... The letter that Ell-enn kindly drafted was totally ignored (suprise surprise).

 

Yesterday she had a letter from these toerags saying that she had broken the agreement and unless she brought her account up to date within the next seven days court action would ensue.

 

Now iam thinking the best way to deal with this shower would be to fire off another letter saying how disapointed she is that there was no reply to her request for help , this would add weight to her case if it went before a judge and showed that they were refusing to help.

 

Any thoughts guys ? :)

 

Regards Sham

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Hi Shammy, she definitely needs to send another letter, it will show the courts that she has tried to negotiate with them. If you need any help with the letter, just shout.

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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 Ell-enn,

 

That would be a great help thanks.

 

These sub prime lenders annoy me so much that i think if i drafted a letter to them , they would think it had come from Gorden Ramsey !!!!:D

 

Although , from a few posts on here ive read in the last few weeks there seems to be a definate turning of the tide.

 

hope you are well

 

regards Sham

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I'm fine thanks Sammy, hope you are too:)

 

I'll do the letter later today - got visitors coming shortly.

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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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Hi Shammy, does your friend have a copy of the letter she sent in November and the proof of delivery?

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

 

 

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Shammy

can PM you the name of a certain Lady at GMAC who works directly under MD suggest you friend contacts her by email with details of suposedly being bullied and I think attitudes might change also enclose copys of letters sent and sending if you want it PM me

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Brilliant, that's all I need to know - will get the letter to you shortly.

 

Ell

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Here you go - make sure she only sends photocopies of the proof of delivery - you may need the originals if it goes to court. Send the letter to the address on the letter she has just received and probably best to send special delivery if she can afford it.

 

Ell

Shammy 15 December letter.doc

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Hi All,

 

Quick update.

 

She had a reply to the first letter that was sent out , in the post yesterday , it says.

 

"Before we can refer your request for consideration to our head office we require some information.

 

Can you please provide a payment proposel stating the amount that you feel you are able to pay for the foreseeable future.We also require you to fill in the enclosed budget form (thats already been sent:evil: )

 

As your mortgage is on an interest only basis a term extension will not affect the monthly payments. ( no mention of a payment holiday or capitalisation of arrears as requested :evil: )

 

Once we have recieved all documentation ,we will refer your request to head office.

 

What a load of tosh !!!!!

 

What makes me laugh is the letter she had yesterday was dated 26 nov , (sent first class no postmark,i dont think so !) The letter threatining court action was dated 2nd dec:-o

 

Any thoughts guys

 

Regards sham

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