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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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HI...a little help and advice needed urgently - ADJOURNED


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HI..

OK i got myself into a bit of a situatuion and help is needed dont realy know where to turn at the minite. I have a court date for the 18th of Dec. I have had a defence form in and was hoping to have the amount paid by the court date hoping it would all be over and done with...I owe about £600 but have struggled to pay it off.

 

I cant make the court date as i am self employed and will loose about £100 if i go to court

 

I have been paying about £100 per week to get this paid off as the payment was around the £1k mark.

 

OK i need to get this from filled out today.. My incoming vary so much its very difficult for me to budget..can be anything from 0- 1k per week but as the pressure has been mounting i been paying bill left right and centre and just cant get on top of things...

 

So please i have no idea what i should do...i obviously need to send these froms in but as im late in doing so what happens...will the courts accept them or simply adjourn the case...will they take into consideration what i have paid up to now..Please help cause i have no idea how i can get myself out of this hole im in.

 

Thanks in advance

Nick

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Ok can you please tell us the following

1. who is the mortgage company

2. how much are the arreas

is this the first hearing

is the mortgage insingle names or do you have a wife/husband or partner

are ther any dependant children what letters and offers have you sent your mortgage company

if you can answer these it will make helping you easier

please do not worry help is here

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Hi Nick, you need to get a statement to court asap (tomorrow!), explaining why you can't attend court and making your offer of payment. If you don't attend or put forward a defence the lender will get possession in your absence. I an help you with a statement but it will need to be faxed or hand delivered.

 

Are you absolutely sure you can't get to the hearing?

 

Ell-enn

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Theres not much chance of me making it to court....I just have a load of work on at the moment and everybody needs it done before xmas. I can get a letter deliver by hand tomorrow morning...All i need is an extra month and i will be able to pay the amount off in full. But not sure how i can go about expalining this.

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OK, I'll draft something for you to put into the court tomorrow. However, I will need a little bit more information:

 

1. Is the mortgage in joint names?

2. What are you offering to pay towards the arrears each month in addition to the normal monthly payment?

3. What was the reason for the arrears in the first place?

4. Do you have any children living with you?

5. What payments have you made in the last 6 - 8 weeks.

 

I will be online for the next half an hour maximum, so the sooner you get the info on here the sooner I can get your statement to you.

 

Also, you will need to fill in a income and expenditure statement to show how you are going to maintain the payments. I have affixed one to this post.

Budget Sheet.xls

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its not a mortgage its a sevured loan. I have been paying £400 per month.. Reason for arrears i just couldnt make the payments...I started a new business and got into a little financial trouble over it. Although i have been keeping to agreeement with other debtors...

 

I have no children.... I have made payment of £400 in the last month but will have to double check that.

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OK, you need to add up your earnings in the last 12 weeks and then divide by 12 to get an average weekly earning amount.

 

Is the loan in joint names or only yours?

How much are the normal monthly payments & what are you offering to pay towards the arrears?

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

 

 

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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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OK, exactly how much can you afford to pay each month to clear the arrears - £200 extra = £326? this will clear the arrears in 3 months.

 

How many payments of £400 have you made and when?

 

- really need all this information to bolster your statement.

 

Ell-enn

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

 

 

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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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Do you have proof of the £400 payments in the last month? i.e. bank statement?

Help us to keep on helping

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

 

 

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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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OK, firstly- make sure that when filling in the budget sheet the amount you have left over after everything else has been paid is the £200 you are offering to pay towards the arrears - don't include it in the normal monthly payment on the sheet. You might need to print off a budget sheet to practise on first before completing the final copy.

 

Affixed is the statement and a covering letter for the court. You MUST get it there tomorrow. At the top of the statement you need to fill in the information where there are XXX's (Obviously remove the XXX's). Don't enter anything in the columns on the extreme right (Claimant) & (Defendant). Sign and date the statement.

On the budget sheet write the claim number on the top left hand corner and Appendix 1 on the top right hand corner.

Make photocopies of the receipts for payment and write the claim number and Appendix 2 on the top of them.

Take a copy of the letter, statement, budget sheet and copy of receipts for yourself and then affix all sheets together to take to court.

 

 

I will be online for another few minutes only as I have to be up early in the morning. However I will be online in my office from around 8am if you think of anything else in the morning.

 

 

Kind Regards

 

 

Ell-enn

Nickxx2873 Letter to court.doc

Nickxx2873 Statement.doc

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

 

 

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just attach photocopies of the receipts as described above, that will be fine.

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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No problem, hope it works out OK. Let us know as soon as you get a response from the court in case we need to do some more work.

 

Ell-enn

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

 

 

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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 you do - it's the case law to support your request to pay the arrears by installments.

Help us to keep on helping

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

 

 

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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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Thanks on my way to court now have managed to get everything together.

I have found that since 11 Nov i have paid £500 towards the arrears but i have not been able to find a recipet for this date so i have included a screen print from my personel banking. showing this payment. Would the courts accept this?

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