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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 
      • 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
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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

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I think you have enough to get the eviction stopped, but you do need to pay the £3k on monday morning as this will show the judge that you are committed to reducing the arrears. You will need to print off the transaction from your bank account so we can affix it to the N244 application.

 

I will start to draft the statement to go with Q.10 of the N244 and will give you instructions for completing the form.

 

In the meantime - take a photocopy of the employer letter and complete the budget sheet as it will have to go with the N244 (print 2 copies of it), also photocopy employer letter. Please confirm when all these are ready.

 

First thing monday morning - pay the £3k, get the proof of payment (2 copies) and then get the doctor's letter (take a photocopy of it as soon as you get it)

 

thank you and we will do all that. There is some info that i will send to you in the morning. The thing is he has really tried hard since september to sort this out and was doing really really well too, he has broken a lot of arrangements but sorted his problems out, meds started working and since then he kept the arrangement the order was for monthly plus 200 he was paying three

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Do you have anything in writing regarding the arrangement for £200 and any statements showing he was paying £300

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Excellent !, take photocopies of those also - we're building a nice file for the defence statement :) You will need to staple a lot of documents together to take to court - do you have a sturdy stapler or lightweight folder that can secure documents together ?

 

Do you have a printer at home?

 

I'll catch up with you again tomorrow so we can get the details confirmed.

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Will you be able to get to the doctors for the letter and then assemble the documents and take into the court on Monday?

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OK, catch up with you tomorrow :)

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

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Hi there, I have almost finished your statment - can you confirm you have completed the budget sheet - how much does it show you can pay towards the arrears each month in addition to the normal monthly payment ?

 

Hi sorry just out with the girls it says we can spare 600 its just mad that we are like this

 

Thanks

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

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Are you sure ? would you mind emailing it to me so I can take a look to see if there's anything you've missed out ? [email protected]

 

No probs but will be later just got my mum round, so will do sooner if i can break away. I have been over generous with what we payout to get it down to six

 

Thanks

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you need to take the space out between .co.uk for some reason it shows as .c o.uk in a thread

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Hi, yes I got your message. Affixed is the statment for Q.10 of the form (I will give you the insructions for the rest of the form in the next post) You need to fill in the information where there are XXX's (the information will be on the eviction warrant) read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page.

 

On all the Appendices you will be affixing to the statement you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner. The list of your appendices is as follows:

 

 

Appendix 1 – doctors letter you are collecting on Monday

Appendix 2 - letter from lender stating agreement of extra £200 per month

Appendix 3 – letter from bank regarding fraudulent transaction

Appendix 4 – proof of your payments of extra £300 per month

Appendix 5 – proof of the £3,000 payment you are making on Monday

Appendix 6 – Letters from employer regarding payment via salary etc

Appendix 7 – Budget sheet

 

Now assemble as follows:

N244 completed.

Statement – signed

Appendices 1 – 7 in numerical order.

 

This forms the pack to take to court. Make sure it is stapled securely together. You will need to take a photocopy of it all for yourself before taking the pack to court so you have a copy to refer to in the hearing.

 

You will need to pay a fee of £40 when you hand it in to court and it will have to be in cash. They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

Confuseddotcom N244 statement.doc

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These are the instructions for the rest of the form:

 

1.Your names

2. Tick Defendant

3. Suspension of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

You need to get the documents to the court tomorrow if you are to get a hearing before the eviction date.

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Make the 3k transfer via your bank account - they cannot refuse it that way, print a receipt/confirmation of transfer for evidence in court. Otherwise ask them to put in writing that they have refused the 3k. If your mobile phone has a recording facility, I would suggest recording the call. You MUST tell them at the very start of the call that you are recording it - if they are smart, they will take the payment, if they are dumb they will tell you that they are refusing it, and because you have informed them you are recording the call (make sure that is also recorded), you will then be free to play the call as evidence in court. No judge will be happy that they have refused efforts to rectify the issue.

 

They cannot tell the court that charges are arrears - they can only state what the actual missed payments are, and will have to separately identify the charges.

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They have emailed me saying they refused it and that they want the full amount.:mad2:

 

Excellent - lovely evidence for the judge to tell them that they have brought you into court without considering all your efforts to make payment. Print it off and ensure you give the judge a copy - and ask him if he will consider restricting them adding the costs of the hearing to your mortgage account given that they have actively refused, and in writing, to entertain your proposals and have, therefore, not dealt with you in accordance with the pre-action protocol.

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Have you got a date for the hearing yet?

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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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