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    • Thank-you @BankFodder, your statement is a correct understanding of my position and I agree, it is actually really what I was looking for in starting this thread, as I too believed that the maximum I could claim for is that which I sold it for, even though this was substantially below market value at the time. And so, this sold value is what I shall be claiming for + the other expenses. @dx100uk I get your point, but this is just not what I want to expose myself to. Unfortunately I was one of the unlucky ones to have my details stolen in the Peoples Energy hack, and in 2020 I discovered that those details had been used to take out car insurance, and that the insured was then involved in a collision and my details were dragged through the mud. Despite Aviva cancelling the claim and treating as though it never were, even though I have the letters from them to say that they have removed this claim from the insurance database, I still get refused insurance and credit products to this day until I send across the letter from Aviva which explains that I was a victim of fraud. So you'll forgive me for not jumping up and uploading my data to a server utility for which I have no control over its retention policy, or where the server is located globally, its legal jurisdiction, or its security protocols.
    • Speeding (Revised 2017) – Sentencing (sentencingcouncil.org.uk)  
    • upload sites dont retain copies and so what if they do... what do you think they are going to do, kidnap your grannies budgie or something..how the hell would any of the info required by us be of any use to them..... stop being paranoid and put them all in one mass multipage pdf.  
    • https://audicam.audi.co.uk/customer/6660055/00cc584e9769699ddba3807a2995032f/59022-13062024 Please let me know if you can access footage 
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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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repossession


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can anyone help or give us advice asap.

we are heavily in arrears with our kensington mortgage and have this am received a letter from solicitor saying pay arrears within 7 days or calling up notice will be issued.it also says"kensington may be able to agree an alternative repayment arrangement"but they're not accepting any of our offers because we've broken arrangements in the past(not lightly usually because hubby lost job)

if they issue the calling up notice but we clear the arrears within the 8 weeks will this stop the legal action or do we have to clear our whole mortgage?

sorry for so many questions but we're at our wits end.

can anyone out there offer any help or good advice to alliviate our concerns

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Hi and welcome to CAG

 

I have moved your thread to the home repossession forum where the guys will be happy to advise as soon as they are available

 

ims

 

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Taken from the National Debtline information pack about mortgage arrears:

 

What can I do if I get a calling-up notice?

To stop your lender taking more steps to repossess your home, you will have two months to either:

• repay the loan in full; or • come to an arrangement with your lender to repay the

arrears and continue with the loan agreement.

If you do not take any action within two months, your lender can move on to the next stage, which is to start repossession proceedings and ask for the power to sell your home under section 24 of the Conveyancing and Feudal Reform (Scotland) Act 1970. If this happens, you can ask the court not to grant your lender the right to sell your home.

 

The first thing that the court must look at is whether or not your lender has met the pre-action requirements for mortgage arrears. If the court considers that your lender has not met the pre-action requirements, the case will be dismissed. If the court is satisfied that your lender has met the pre-action requirements, it will go on to consider whether ‘it is reasonable in all the circumstances’ to make an order. The sheriff must take into account:

• whether or not you are in a DAS debt-payment programme;

• how much you owe;

• your reasons for getting into arrears;

• your ability to meet the obligations of the mortgage within a ‘reasonable’ period;

• any action the creditor has already taken to help you; and • the ability of anyone living in the house to find other

reasonable accommodation.

There is no guidance on what is a reasonable period but recent experience suggests that some sheriffs will accept repayment over extended periods of up to and beyond 10 years. English courts are now accepting these long term arrangements after a case called Cheltenham & Gloucester v Norgan and this may influence practice in Scottish courts.

If the court refuses to grant your lender the right to repossess your home, the sheriff will make an order setting out how you must repay the arrears. It is important that you stick to the terms of the court order and make the agreed repayments. If you break the arrangement, your lender can apply again for the right to repossess your home.

 

You can download the pack here:

http://www.nationaldebtline.co.uk/scotland/debt_advice.php#4

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you are being so helpful.

i'm trying to avoid court so was trying to find out if that also meant court appearance would be cancelled.

just wondered if anyone else had been in this situation first hand

mariondomino

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I've not been in that situation first hand but have helped hundreds of people who have. If you can clear all of the arrears then there should be no reason for the action to continue. The lender would need to cancel the action.

 

if you would like some help you can look to find a 'money adviser' via this search box: http://www.dasscotland.gov.uk/help-centre/money-adviser-search

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