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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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HELP, Possession due 22nd August 2011 EVICTION STOPPED


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Have completed our hearing in 10 minutes and not been asked to ask!!

The Judge addressed the REP from Paratus: What was the arrear in June 2010 and what is the latest arrear balance? The REP said £10,100 and now £8,800.- The Judge said ‘the arrears have been reduced by £1,300 in a year, so what is the reason for today’s hearing?’ The REP said 'my client do not feel confident that the defendant can afford their payments in the future'. The Judge said the defendant has built a track record over the past year, who is to say they cannot maintain this in the future?

The Judge then ask what is the remaining terms of the mortgage and what is currently being paid towards the arrears? Answer 16 years and £50.00 per month. He said this seemed perfectly reasonable.

The Judge said our courts are governed by the rules from the Court of Appeal case on Norgan in this situations – as long as the arrears can be paid within the terms of the mortgage this is acceptable. He said that Paratus is applying their own law to their cases. He said that when the previous arrangement came to an end in May, Paratus should have written to us for an update and re-negotiates a new arrangement. There is no need to apply for an eviction! It is apparent that have failed to do this.

The Judge said that the only reason why companies like Paratus are applying for eviction in this kind of situation is that they felt they can add the costs to the mortgage account, but he is not going to allow this to happen in this case.

He orders that the eviction be SUSPENDED subject to maintaining payment of CMI plus £50 towards the arrears.

A whole-hearted THANK YOU to Ell-enn and everyone on this forum.

Words cannot sufficiently express our gratitude for your support and guidance on this very stressful situation.

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Hi Ell-enn,

All went smoothly as you predicted.

My wife and I cannot thank you enough for the unreserved support you have given us and composing a very clear statement to go with our application, which is why the Judge found it not necessary to ask me any question.

THANK YOU!!!

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Great News ! well done :) I'm so pleased for you, I know your wife was particularly stressed about the situation and I trust you can both now relax - go and have a nice glass of something to celebrate.

 

(I knew the judge wouldn't like Paratus's behaviour :) )

 

Just one more thing, when you next get a statement from Paratus - check that the legal costs have not been added !

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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Thank you Ell-enn.

Yes I will.

I will write to them for confirmation that they will initiate the DDM for the CMI + £50 at the last working day of each month. Also that they have withdraw any charges levied on the account since June, due to their mistake of not collecting the arrears.

I have also written to them to obtain full history of my account, with a view to claiming any unreasonable charges levied.

As long as I can maintain payment, I can now ignor any bullying tactic from Paratus!!

We can now get on with our life....

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Make sure anything you send to them is by recorded delivery and keep a copy for yourself - you never know when you might need it :wink:

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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