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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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. 
       

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

beginning of fight against possession order

elliesnan
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elliesnan

elliesnan

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and one other question, shall l take the letter l sent about securitisation and their reply to it? I still think thats the reason they will no longer consider the £30.00 we had been paying

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elliesnan

elliesnan

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ok everything ready for tommorrow. thanks to all who have helped especially Ell-en ( l've tipped your scales bless you) hearing at 10.15 so l will post as soon as l get back. Fingers crossed that we get a judge with some brains!

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Ell-enn

Ell-enn

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and one other question, shall l take the letter l sent about securitisation and their reply to it? I still think thats the reason they will no longer consider the £30.00 we had been paying

 

To be honest, the judge will only be able to consider the arrears facts. The lender is asking for money which they are contractually due and you are offering a payment plan to clear the arrears. If you feel you must bring up the issue of securitisation, then please leave it until after the judge has made his order for suspension of possession and your home is safe.

 

Judges have been known to be irritated by defendants bringing issues into the hearing which they (the judges) deem irrelevant to the repossession claim.

 

Until you know a lot more about the subject I think you should leave it for another time.

 

Kind Regards

 

Ell-enn

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JonCris

JonCris

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I agree Ell

 

I only suggest mentioning only it if they claim before the Judge to have tried to come to an accommodation for you to pay the arrears without success.

 

As it's they who will have opened the door you can then ask them how? as you now know the mortgage has been securitized thereby causing their hands to be tied & unable to offer any relief because of what you suspect are the terms of the SIV contract a copy of which they have refused to let you have effectively denying you the right to see under what T's & C's your mortgage is now conducted

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Ell-enn

Ell-enn

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They'll have a hard job proving they tried to help - Elliesnan is taking to court copies of letters from them refusing her offers of payment.

 

Ell

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JonCris

JonCris

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Well in that case the securitization argument is supported I only suggest using it in court as an aside together with the corre to defeat to shoot them down if they try to come across in court as sympathetic hand wringing lenders

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elliesnan

elliesnan

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Hi all, the repossession order was suspended! The judge was wonderful, she was so obviously on our side she did not think that 7 years was an unreasonable amount of time to pay off the arrears. Any way when we gave our names to the usher the solicitor introduced himself and asked if we could have a quiet word. I felt that it was a good sign and it was ,he said that he would ask for the order to be suspended if we would agree to looking at a little extra towards the arrears after 6 months. We were quite happy with that. when he read that to the judge she said to write to them in say 5 months time and tell them if we could increase it and to equally tell them if we couldn't. She said not to agree to anything that may cause us to default. She was a truly amazing lady, in fact when we came out we both agreed that we had actually rather enjoyed it! lol

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JonCris

JonCris

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Well done. This really is great news.:lol:

 

I really can't think of anything more worrying than the prospect of losing ones home & now it's over.............. if you drink........... I recommend you go & tie one on:D

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Ell-enn

Ell-enn

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That's great news, well done for being so brave. Glad you got the result you deserve.

 

Kind Regards

 

Ell-enn

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JonCris

JonCris

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Please don't shoot me down but I think the Solicitor representing the claimant may have no small part to play in the result

 

They probably read the file (which doesn't always happen) & though "what the hell's going on here eviction for few grand when the defendants made repeated offers to pay I'm not going to be a party to this nonsense so will offer a solution to the court"

 

I realize for many it's perhaps stretching it a bit but remember it's what happened isn't it

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elliesnan

elliesnan

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Firstly Ell-en l cant click your scales cause it says l must " spread round more reputation " so for the record

ELL-EN ROCKS and Joncris his words were Platform have asked me to ask you so what do you think that was about?

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JonCris

JonCris

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I suspect that after having read the papers HE advised platform that they could be on a hiding to now't because of Norgan.

 

Also I the last thing they would want to have discussed is the small matter of securitization & it's limiting of the ability to amend contracts

 

Also frankly it was a disgrace that they where prepared to seek eviction over piffling a sum on a property with loads of equity & they knew it

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elliesnan

elliesnan

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yes we have been discussing what may have tipped the scales. l assume they would have seen our defence re the Norgan judgement and the fact that we may have bought up the securitization question but of course we will never know

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Ell-enn

Ell-enn

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But you have the experience of being in court and presenting your case Elliesnan - you would be able to pass that on and re-assure people it is not as intimidating as they first think.

 

Ell

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OLIVE.FAMILY

OLIVE.FAMILY

Posted
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Hi there eliesnan

 

I havent posted on this thread but I have been watching with interest.

*********CONGRATULATIONS******

You must be over the moon. I was in court also this year and like Ell-en said everything that you have been through is helpful to people on here. Words of support and engouragement are just as important as advice.

 

Have a fantastic evening, sleep well and enjoy living

 

Olives xx

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TideTurner

TideTurner

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Words of support and engouragement are just as important as advice.

Olives xx

Couldn't agree more

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Goldlady

Goldlady

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So pleased for you xx

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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