Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
      • 162 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
        • Like

Shocked - Reposession 11th April


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4478 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Not missed a payment since Dec 2010, had a couple of part payments throughout 2011, and not missed the last 3 payments but shocked to a letter from the solicitors saying they applied for possession. Our arrears are £2.6k, our mortgage payments is £858 a month.

 

The solicitors wont talk to us, and the mortgage company so its down to the solicitors.

 

We was last in court May 2010, and they warned us if we are to return we would lose the house..

Link to post
Share on other sites

Hi there, have you got an eviction date yet?

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.

Link to post
Share on other sites

Can you afford £100 a month ? Have you got an N244 to fill in? if not I can affix one - do you need help with a statement to go with the form? You will need to get the form into court tomorrow if you are to get a hearing before the 11th - I'm not sure how long courts are closed over Easter.

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.

Link to post
Share on other sites

Strange that I contacted the mortgage company, who refused to speak to me as its in the hands of the solicitors and down to them, so I spoke to them put an offer in writing, and they referred it back to the client who rejected it wanting full payment to stop repo.

 

Then in the next paragraph asked for budget sheet, and for me to make a monthly offer...

 

I done all the N244, and will give the solicitors one last call in the morning before going to file it at the court.

Link to post
Share on other sites

Have you quoted the Norgan case law and Administration of Justice Act ?

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.

Link to post
Share on other sites

Yes I quoted it, get knocked back by the mortgage company today for the £100 a month..

 

I got a hearing at 10am on Wednesday 11th as no judges are working on Tues, our eviction is 12:30 on Wednesday...

 

If the worst does happen, and I am confident it wont, will they still boot us out that day as we done no packing and got no where to go and after 16 years in the house we got a lot of stuff

Link to post
Share on other sites

If you have been maintaining payments since Dec 10 and the arrears have reduced to £2,600 I cannot see a judge giving them possession. However, I would imagine this will be your last chance to save your home so you'll need to keep strictly to the payment arrangement.

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.

Link to post
Share on other sites

Wow.. that was the scariest and most worring session.. I made the point in my statement that due to current works undergoing in my house, ie I am "slowly" moving the kitchen in the house and a bedroom downstairs, that it would effect the sale of my house and put me in negative equity and for the sake of £2.6k arrears it would make me prob £40k worse off.... Bad move on my behalf...

 

There solicitor used the Cheltenham & Gloucester plc v Krausz case, to which if in arrears then its handed back to the mortgage company.

 

My saving grace is that they did not have any figures to base the current value of my house, and you could tell the judge wasnt comfortable, despite how good the argument was due to the fact that I still have over 20years left.

 

Result is that its now suspended

Link to post
Share on other sites

this is the Krausz ruling - Cheltenham and Gloucester plc v Krausz [1997] 1 All ER 21, CA. In that case, the Court of Appeal ruled that if the proceeds of sale were likely to discharge the entire mortgage debt, then the court did have power under section 36 of the 1970 Act to suspend a warrant for possession in order to enable the mortgagor to make an application for sale under section 91 of the 1925 Act. However, where the mortgage debt would not be fully discharged on sale, then, in the absence of other resources available to the mortgagor to make up the shortfall, the court had no such power.

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.

Link to post
Share on other sites

When he brought that out my heart sank, I felt certain I had lost the house without any hope..

 

My luck is that all though the Solicitors and Mortgage Company was very aggressive, they failed to prepare the argument and neither had any real valuation of the house.

 

Angers me for the sake of what I was in arrears I could of been potentially owing 40 - 50 k... then only one option and thats to be bankrupt.

Link to post
Share on other sites

Also just rembered that my mortgage company shot themselves in the foot, I offered £100 a month repayment, speaking with their solictor prior to the hearing he asked if I could do £200 and he put that offer to them, they rejected it.. But the judge said he was worried about me paying £100 so ruled £75 a month payment. The judge stated I was to pessimistic and to honest !!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...