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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
        • Like

Tc & Gmac Mobsters.


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The answer is out there.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

But where ?

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi Tony, you're doing the best thing by getting advice from a solicitor. If your quandry had taught us anything it is that when in court for a possession hearing and the judge orders suspension - the question should be asked "how long does the suspension last?" The judge should then make that clear in the written order. I have actually seen a suspended repossession order with a clause that it lasts for 12 months.

 

Ell

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Update.

 

The solicitor says that case law allows the Mortgage Co to re invoke any suspended repo order, at any time throughout the term of the mortgage, on the grounds that it saves the borrower extra legal costs.

 

BE WARNED.

 

Got a call from court this morning, my eviction date is

24th Nov @ 11.00am.

 

Better go to work to pay for my new tent.

 

Later.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Update.

 

The solicitor says that case law allows the Mortgage Co to re invoke any suspended repo order, at any time throughout the term of the mortgage, on the grounds that it saves the borrower extra legal costs. Unless the order specifically states a period of time for the suspension.

 

BE WARNED.

 

Got a call from court this morning, my eviction date is

24th Nov @ 11.00am. Are you lodging an N244 for a hearing to get the eviction suspended? Give me a shout if you want help with that.

 

Better go to work to pay for my new tent.

 

Later.

 

Ell

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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Yes indeed, for your own peace of mind, ask for clarification.

 

Thanx Ell.

 

I will submit over the next few days.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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OK.

 

Im sure you understand all the things that go through your mind in situations like this.

I have just read my mortgage terms and found that my 3 year fixed rate deal ends soon, and my repayment from 01/05/09 goes to

LIBOR + 5.95%.

This means my repayments are likely to increase by about £150 PCM without much chance of remortgaging as hoped.

 

With my final BR hearing next week, im begining to think it might be time to call it a day.

 

Just one thing that i found annoying.

 

I received my eviction notice yesterday for the 24th November, but the warrant was dated 31th October.

You would think that with something SO IMPORTANT, it wouldnt take 10 days to travel 2 miles.

Quite disturbing.

 

 

 

 

 

 

.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Are you lodging an N244 for a hearing to get the eviction suspended? Give me a shout if you want help with that.

 

 

 

 

 

 

 

Hi Ell.

 

I have been advised that my offer to HMRC has been rejected, and Bankruptcy is now inevitable next Wed 19th Nov.

 

My eviction date is 5 days later for 11.am Mon 24th Nov.

 

I need to try and get the eviction suspended for 28 days as i have 4 lodgers who will only get 4 1/2 days notice to leave.

 

Any suggestions.

 

Thanx TC

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Share on other sites

 

Just one thing that i found annoying.

 

I received my eviction notice yesterday for the 24th November, but the warrant was dated 31th October.

You would think that with something SO IMPORTANT, it wouldnt take 10 days to travel 2 miles.

Quite disturbing.

 

 

 

Turns out it was delivered to the next street.

How appaling is that. ?

What if the lady from court had not foned me.?

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Dont ask for it to be suspended for 28 days they wont do it Just put forward a plan to stay there and re payment proposals with a statement if the courts get a wiff that you are going they will not allow you any further time

 

With regard to the Tax try putting your proposals to the Judge at the hearing

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With regard to the Tax try putting your proposals to the Judge at the hearing

 

Tried that. It was rejected :eek::eek:

 

Just off to apply for a suspension:lol::lol:

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Tony - I put something together for the N244 but got sidetracked and didn't send it to you, SORRY. Do you still need it? what have you put in the Q.10 part?

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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what have you put in the Q.10 part?

 

I just explained that my circumstances were similar to the gainig of the original suspended repo order in 2006, and that i paid that off 5 months earlier than agreed. ;)

 

Can we do it again. ?:confused:

 

I also warned them that you have threatened to stand naked in the local co op shop window if they say no.:lol:

 

That should do it.8-)

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Share on other sites

Taking ALL things into consideration.

 

Its time to let go.

 

I have no problems with this.

 

Its just about timing now.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Can we do it again. ?:confused: YEP !!

 

I also warned them that you have threatened to stand naked in the local co op shop window if they say no.:lol:

 

Whaaaaaaaaaaat :eek::eek: Gulp! what date is the hearing?

 

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.

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what date is the hearing?

 

Thurs 20th @ 10.00am

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Share on other sites

Did you use the Norgan case law in your N244?

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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Did you use the Norgan case law in your N244?

 

No. I used a Bic Biro.:p:p:p

 

Joking aside. The bailiff clerk told me previously that there is nothing new i can tell the DJ

Keep it factual and simple she said.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Yes, but if you're offering to pay extra each month towards the arrears it's best to quote the Norgan case as the judge will take that into account.

 

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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Went to court this morning and introduced myself to the clerk.

Before i had time to reach a seat, GMACs rep came rushing over and introduced himself.

Before i had time to speak he said we are willing to accept your offer of £250 PCM.

Thinking as quickly as i could, i said, oh sorry my circumstances have changed again.

To cut a long story short, i offered him £50 PCM extra and he accepted it.

The DJ approved it. And off i went.

So i have 4-6 weeks before the doo doo hits the fan again.

Hopefully i can sort myself out in this time frame.

 

Thank You all for your help.

 

One thing i just wanted to add was, the DJ said to their rep.

You wont be able to sell it anyway, so you have to take £50 PCM extra.

 

Dont give up hope people.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hurryay !!! Well done Tony - that's the way to do it:D

 

Really pleased for you.

 

 

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.

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