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


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      BankFodder posted a topic in Vehicle retailers and manufacturers,

      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. 
       

      Many thanks 
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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.

#repossessions : NR Repossession *Eviction Stopped*

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Ell-enn

Ell-enn

Posted
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OK, can you print out proof of the payment you made last Thursday (internet banking?). You can take that along to the hearing with you and hand it to the judge.

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Ell-enn

Ell-enn

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Try not to worry too much (easier said than done, I know), but I'm certain you will be OK.

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Ell-enn

Ell-enn

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There is no way you are going to lose your home when you have made a recent sizeable payment and can show you are able to maintain monthly payments going forward.

 

Honestly, you will be OK :) I have been involved in helping people in a much worse arrears situation than yourselves and they have kept their homes. Judges won't give lenders possession while ever there is evidence to show ability to pay. Have a read of some of the cases in the Repossession Successes at the top of this forum that should give you more confidence.

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worried-sick

worried-sick

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I will have a look now. They seem to be being awkward. They could have rung last Thursday and told us but I have had to ring them. I know this mess is our own fault but I think they have been very unproffessional

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worried-sick

worried-sick

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OMG My hubbies firm have just paid the £1172 by direct payment for us!!! and he is to pay it back to them at an affordable amount each week. I have to ring NR later to tell them and to check that they have received it. They have also rang their own solicitors just in case we need them.

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Ell-enn

Ell-enn

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That's wonderful news ! you are lucky to have such a caring employer :) Hopefully NR should be able to fax the court this afternoon to cancel the eviction, but if they don't you should attend the hearing and take proof of the payments made for you. DON'T take their work for it that they will cancel. You need to phone the court to check.

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worried-sick

worried-sick

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We will. We will go to the court anyway whatever they say because after todays conversations with them i dont trust anything they say. There are some really good people out there and you are included with them. I will let you know the outcome of it all tomorrow:-)

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Ell-enn

Ell-enn

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OK, I'll draft up a short statement for you to hand to the judge tomorrow regarding the payments made on Thursday and today, and NR's acceptance of your proposal.

 

Back shortly

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Ell-enn

Ell-enn

Posted
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You are absolutely right to go to the hearing ! the judge will not be best pleased with the way they have held you to ransom :(

 

Affixed is a short statement to hand to the judge at the hearing. As with the previous statement you will need to enter the info where there are XXX's. and print out 3 copies (and attach proof of payment to each one).

 

When you get into the hearing, the judge will speak to you first as it's your application - when he/she has finished speaking (don't interrupt him/her) you should say "Sir/Madam, can I please give you and up to date statement" - and then just hand it over. If there is a rep there for the other side hand them a copy too.

Worried sick statement for court.doc

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worried-sick

worried-sick

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Thank you i am onto it now. Just rang NR and explined that the payment has been made but they are still been awkward in fact the were quite offhand informing me that without the proof of payment the eviction will still go ahead, so everything will be there tomorrow in triplcate

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Ell-enn

Ell-enn

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I look forward to hearing your good news tomorrow :)

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worried-sick

worried-sick

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We have just got back from court and have come out smiling:-) but what a saga. Rang NR @ 8.15 this morning to check if the payments had gone onto our account. They said the £1650.00 had but not the other one! so they were going ahead with everything unless we could provide a bank statement to prove that the other payment had been made which was impossible as it was paid from my husbands employer but they did email me a receipt to show payment had been made. We went to court and met with their barrister! we explained the situation re the payments so he rang them but they were stll adamant he had to oppose the second payment. Anyways the judge laughed NR out of court and said that she would have been satisfied with just the £1650.00 payment and was appallled that they wanted more than that. I might add that their barrister was fighting our corner!!!

She has also advised us that if we think we are going to get into difficulty again to take it straight to court and not bother with NR as the court would help us more than them.

Thankyou for your help we wouldn't have known what to do without you. And anybody else reading this, if you can sort it fight them:lol:

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Ell-enn

Ell-enn

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That's great news - Well done ! :)

 

(told you it would be ok)

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