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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
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    • 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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GMAC mortgage


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Vickson, Im not that far away PM me with the court and I I can I will come with you if you want having fought GMAC for 8 years I know all the tricks

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Thanks Bona, that has just put a smile on my face,

 

Ellen I am checking the mail box with trembling hands everyday, will let you know the minute I receive it.

 

the last time eviction was suspended for 3 months then at the review hearing GMAc didnt turn up but sent a letter to say that as payments had been maintained they were not going for eviction, a week later I had a letter from the court saying no further order had been granted at this hearing. now 6 months later they want posession again.

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Hi there, in the meantime, can you make a list of the dates and amounts of payments you have made in the last 6 months and also gather together the receipts you have for these payments (banks statements etc?). We will need that for the N244.

 

You have now got extra income from your lodger and that will help your case enormously as the judge will see that you are trying hard to get yourself out of the situation. We should be able to put together a good case, so try not to worry too much - I know it's easy to say, but you need to stay strong, you will get through this.

 

Kind Regards

 

Ell-enn

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Hi Vickson

Deep breaths and calm down. You have been here before you know what to expect. It may even be the same judge. Yes soo many people do loose but more win and keeptheir houses. I am one of them. Tilly hasnt lost here house yet either. With the help love and support from us all on here I am sure you will be fine.

 

The courts like to know that you are looking for help elsewhere. Contact cccs and they will fill out a a income and expenditure form. They will help you to tell who can give smaller payments to. They take all things for yourself into consideration like clothes, hair cuts, prescriptions.

 

I personally found them very useful and it proved to the judge that i was serious about what i was proposing

 

Olives xx

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GMAC will be on sticky ground once the N244 is submitted, remember they are trying to get all they can as they too are now in deep trouble... I hope the judge will be on your side as you have made payments. GMAC took me to court five times before the second charge company took reposession - and I am ready for them to come asking for the 'shortfall' as they owe me as much in fees.....

 

Don't forget to mention the fees to the judge, they might be able to stop them charging you.

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There would be a serious shortfall, If they took possession from me as they would charge early redemption fees etc,

I dont want to think of that now.

Bona; it looks like ther are some building works at the local court, I may be asked to go Guildford or Croydon, not sure. Do you think I should call the court bailif and ask if they have a date yet? should I get an estate agent to value the property, I really dont want to sell, but will this look good in court?

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I read the small print on you mortgage agreement to see what it says about erc mine said after 3 or may be it was five I had to give a months notice and I proved that I had as there was a court order to sell and it was refunded. Ring the Court first and ask if they have recieved the warrent for eviction , secondly I know you dont want to sell but if I were you I would get three agents around to find out what they valued it at dont tell them why just say you are thinking of moving make up a story , ask them to put it in writing it acan be used if necesarry but please dont worry I honestley dont think it will come to that and if in the very rare case it does we will appeal

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Hi there, let me know when you're ready to do the N244 and I'll help you with Part C which is the most important part. You will need to do an income and expenditure sheet which you can get here : National Debtline England & Wales | Personal Budget Sheet

 

Do you still have your lodger?

 

Stay positive, you'll get through this.

 

Kind Regards

 

Ell-enn

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, also - make a list of your recent payments, dates and amounts (and proof if you have it). We can make a good case for you, so try not to worry too much.

 

Kind Regards

 

Ell-enn

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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OK stick in your N244 GMAC are the dirty tricks brigade so need to have some amo for the court hearing having dealt with them a number of times

Ellen can you keep someting back for the hearing if they have to much in advance they can work out arguments if we can produce something extra ie some extra payement a statement just before giving further details od payments also remember GMAC ask for interest in advance on 1st month not the end so they always say you are more in arreas than you are

Bona

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Will do Bona - I usually do an "on the day" statement (judges seem to like that:))

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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Thanks for your support guys, after receiving eviction notice I am not so worried, its the waiting that kills. I do not have the courage to tell anyone at all about this.

I am looking to take in the form early next week,

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I found they tended to flick through papers and read the top couple for the most uptodate infor so as you say an onthe day statement handed it before the hearing it usually a good bet

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Thanks for your support guys, after receiving eviction notice I am not so worried, its the waiting that kills. I do not have the courage to tell anyone at all about this.

I am looking to take in the form early next week,

 

 

Hi Vickson

 

Pleased to hear you finally have a date for this. It will be nice for it all to be over I bet. I just wanted to say you are doing really wellmate. Keep that chin up and you will do great. We are all here for you.

 

GOOD LUCK xx

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  • 1 month later...

Update

 

Eviction on 18th, filled in N244 with the help of Ellen, Gmac says I need to pay 9900. I am tired of arguing the arrears amount with them but they did say July's payment is included in this, anyway I have found some money to pay off most of the arrears. (7200)

Called Gmac to make payment and they say they will not stop eviction so I said "ok I will only pay if they agree to stop eviction otherwise we will let a judge decide on this". and you can be sure that If I go to court after having made this offer I aint paying your bloody legal costs. They are saying they will review and get someone to call me tomorrow.

 

this does leave me with less than 2 months arrears so to hell with them if they dont want it, they aint kicking me out, esp since our situation has improved so much this month as my sister is back to work, and if i go to a judge he may ask me to pay less anyway, (if i get a nice judge). Have worked my a** of (lost 2 stone in a month) trying to raise this money and will make the payment anyway tomorrow whatever they say just so they look stupid in court.

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Hiya vickson,

 

Goodluck on the 18th will be thinking of you. Just remeber what ever they say on the phone ALWAYS get them to confirm in writing. This will so very much go in your favour if they say no to an offer like that but you must have the proof or they will deny it,

 

Olies xx

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I'll be there with you in spirit. This bunch of twits need to know that they are NOT the law, and don't forget to mention their £80 odd of fees each month they clock up to the judge, if you took that lot off their arrears you should only be paying them £500 and be clear of any arrears.....

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