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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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Blemain Finance Horror


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Hi guys

first of all im a complete noob on this site so please be patient with me!

 

My story is a long complicated one that basically starts back in 2008

when as a last resort i took out a secured loan against my family home( second charge) with the famous Blemain finance

to be used as a temporary loan for approx 12 months for a business myself and my ex business partner took over that has since gone bust and left me with a hell of a mess.

 

Now so far i have now been in the process of selling some outbuildings i own to keep up payments on the first mortgage

and the second blemain finance loan

but the second charge are the ones stalling with the part release paperwork and the matter has now gone to repossession again( i have already managed to stave off 2 evictions!).

 

The first charge agreed to the part release nearly 12 months ago but blemain have managed to drag out this matter for over a year now

and the eviction is scheduled for the 6th of march 2012?

 

Any ideas???

 

i have had nothing but trouble for the last 3 years with blemain finance and my health is really starting to suffer as a result.

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Hi there.

 

I'm sure some of the experts will be along at some point and can offer more specific advice about your situation but in the meantime how much are the arrears and are you in a position to pay them back over time?

 

If so have you put any proposals to the lender yet?

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Hi rocco the current arrears are £3500 and change. I have a statement from december and it states a debit of £835 a month is being added labeled an interest charge at 15.9%, but my monthly payments are only £720 so no matter what i do the loan is just getting bigger?

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Okay, well I fully admit I have no idea how part release works at all but if this is definite future income that will clear the arrears then it could be a point to argue.

 

If not then what kind of offer can you give them to clear the arrears based on your current income?

 

You said you avoided evictions in the past. How did you do that and is there a suspended possession order in place?

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I have managed to borrow to stay in the house thus far. Basically i live on a farm and wanted to sell some sheds, now they are covered by the charges but the sale does not effect the equity in the house so the first charge agreed but blemain have done everything to draw it out long enough to reposess. Yes there was a suspende possesion order that has now been re implemented after arrears reached certain level( helped by blemain adding nearl £700 for insurance!

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Basically rocco because of the situation i found myself in i had no alternative but to go on benefits to keep my house( I had ppi on the second charge and used that for the first 12 months and have been winging it ever since, my income is less than£ 400 a month between 2 of us and the dog :(

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An eviction can't be set aside, it can be stayed - which effectively means it is cancelled, but the underlying suspended possession order remains in place.

 

You have an arguable defence in any case - you are trying to sell some of the security in order to repay the loan (just the arrears or the entire loan?), in which case, it is likely that a judge will allow you a period of time to sell - but you need to be able to meet the current monthly instalment plus something towards the arrears in the interim, as per the original SPO. It is an arguable defence because the very people who are trying to repossess are the ones stalling on the sale - it's a ridiculous stance for them to take.

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Basicaly if the sale went through i would be in a possition to pay the arrears off and have some spare to keep them at bay untill september when i will start full time employment again. But looking at the statement i have for them even if i was keeping up with the payments there is a shortfall of £110 each month so my loan will always get bigger?? Its gone from an origional loan of £40000 to well over £65500???? 15.9%??

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  • 6 months later...

STEAR CLEAR OF BLEMAIN LOANS. beware of blemains sly way of stitching you up if you sell a property they will not take the funds of the arrears unless you ask them to. as i found out, they take it of the loan then still persue you for being behind with payments making further threats. Do you have an update

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