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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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Urgent Help Please - Eviction Date 21st December *Eviction Stopped*


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Congratulations, good (and sensible) result

 

I am guessing they won't change the payment date? (Admittedly the argument 'can you change the date so I can pay a bit late if necessary' probably wouldn't get very far to be fair!)

 

Did the judge say anything about their ridiculous keenness to go for eviction rather than trying to sort the problem out another way?

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Sadly Rocco, not he didn't. I tried to make the point that they went for Eviction at the drop of a hat but I suppose in fairness the Judge can't do much about that. Sadly, as I pointed out to rent a solicitor, it seems that the sub-prime lenders are desperate to get all their money back at the moment, and I guess their terms and conditions must alow them to do so.

 

I thought I would feel elated but actually I just feel sad...........sad that anyone can think it is fair to evict for arrears of £2,500 just before Christmas, sad that rent a solicitor did not even know what town I lived in, and well, just sad that the system is so geared against the 'little man'

 

It needs to change but they hold all the power I'm afaid.

 

As you say Mr Worried, being told that payments should be in full and on time is stating the blindingly obvious and gives no attention to how hard that can sometimes be!!!!

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Okay, fair enough. I just wondered because in some of the threads on here we have heard of judges being quite critical of lenders, sometimes not. I guess it depends on the judge and the circumstances.

 

Things really do need to change yes, but sadly I doubt they will any time soon.

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Don't forget to put a report into the Council of Mortgage Lenders about the unfair treatment you are receiving.

 

I think all court procedures should be stopped during December unless it is for murder, these 'suspended repossessions' also need to be tightened up as many lenders are abusing them, particularly over added fees and not processing payments quickly... if the ball was on the other foot they would be the ones in trouble.

 

Have you looked to see if you are entitled to any help with council tax etc - http://www.entitledto.com is the site to check. You can work limited hours and still get help so it might be worth checking, any additional income or benefit would be a help during this difficult time.

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Good result - well done :) I'm surprised the judge wasn't critical of the lender though - guess it's just the judge lottery, depends who you get. The main thing is that you are still in your home. Try to put it behind you for now and enjoy Christmas.

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I think it may be as simple as the Judge being stressed because they were apparently short staffed. I shall be writing to the Council of Mortgage Lenders however to see how much jurisdiction they actually have over their members since they clearly instruct a wait of six months before repossession is even attempted.

 

And I do object to the rent a solicitor set up. If you are going to throw me out of my home Mr Cobbetts, at least have the decency to send someone to do that. There is something very tacky and insulting about one solicitor dealing with all the evictions for everyone. She was 'opposing' my case but clearly had no real idea why.

 

When I think of the money they have made out of me over the years and the casual way they are prepared to toss me out of my home 4 days before Christmas, I despair.

 

Anyway no point in whinging!! Today was a result and I am very grateful to everyone here and the judge for that!!!

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