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    • 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
      • 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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help and advice needed!!


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swift advances and roslyn king repossession papers

 

Help! I have a secured loan with swift advances that I am in arrears with. My income is less than it was when I first took it out as I only have 1 job now. When I took the loan out, Swift didnt ask for any income proof, just how much I was earning. I have now recieved court papers for possession of my property. I am worried sick. I have arrears on council tax and water rates, as well as various credit cards. I do not want to lose my house! I suffer from depression for which I have had periods of long term sick from work and I am still on the medication. Please advise me how to deal with these papers.

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Hi there, do you only have the Swift loan secured on the property or do you have a mortgage ?

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Are you going to be able to keep up to date with your main mortgage ?

 

 

How much are the arrears with Swift?

How many years/months are left on the Swift loan?

Did you write to Swift to explain your circumstances?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Yes I am able to keep up to date with my main mortgage.Swift say the arrears are £1316.90. The loan was taken out over 25 yrs because the intention was as advised by financial advisor friend to re mortgage after a year and pay it off, unfortunately my credit rating now makes that unable to do.Loan was taken out in November 2007, it was only from Oct 2010 that I began to fall behind with payments. I have sent several letters/emails to Swift but they insisted on me ringing them and I stated I would only deal in writing. I am just about to pot a SAR request to them.

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OK, how much are the monthly payments to Swift?

 

 

Do you have copies of the letters you wrote to Swift?

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OK, can you fill in the affixed budget sheet (it calculates automatically as you fill it in), this will give us an idea what your actual financial situation is. Credit cards and other unsecured debts should only be offered £1 a month, but we will deal with them later. Your priorities are obviously, Mortgage, loan council tax, water rates, gas & elec.

 

 

Can you give a brief history of how and why your income has reduced since you took out the loan please.

 

 

What date is the court hearing?

Budget Sheet.xls

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OK, let's see what can be done when you've completed the budget sheet.

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Nothing yet - you've got plenty of time before the hearing. We need to get some kind of defence together, which is why we need know your actual financial situation and you should complete the budget form then let us know what the outcome is.

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swift advances and roslyn king repossession papers

 

 

Help! I have a secured loan with swift advances that I am in arrears with. My income is less than it was when I first took it out as I only have 1 job now. When I took the loan out, Swift didnt ask for any income proof, just how much I was earning. I have now recieved court papers for possession of my property. I am worried sick. I have arrears on council tax and water rates, as well as various credit cards. I do not want to lose my house! I suffer from depression for which I have had periods of long term sick from work and I am still on the medication. Please advise me how to deal with these papers.

 

looks like you have started 2 threads -- just bumped the other then found this thread !!!

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Hi there, it looks as if you have £68 left over each month which you could use towards arrears - however, your housekeeping at £100 per month is very low. How are you dealing with the council tax arrears ?

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council tax want £120 a month plus £40 to pay off arrear. £100 is low on food but what can I do? I do prob spend more. I am worried sick about this court thing, I dont want to lose my home and can't face going to court, I am off sick from work today because I can't stop crying.

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Hi there, you won't lose your home over arrears of £1,300. I'll do a letter for you to send to Swift with your budget sheet telling them that you can only afford £25 per month towards the arrears and that you intent to defend their possession claim in court as you have already written to them regarding your situation and they have not given you any help. Then you need to negotiate with the council to pay an extra £20 per month towards your arrears with them. You can then add 20 onto your food/housekeeping budget in case you have extra expense.

 

 

I'll affix the letter to this thread later today. If you post it tomorrow morning by recorded delivery they should get it on Monday, let's see what they say then.

 

We can then take a look at filling in the court papers - if Swift don't withdraw the court claim then you will need to attend the hearing but it's not as scary as you might think, it's just like a meeting round a large table - no public are allowed in - it's just you , the judge and a rep for the other side - the whole thing takes just 5 minutes.

 

We'll deal with the credit cards etc later once we've sorted this out.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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attached is the letter from court, it says I defaulted in arrears but nothing was confirmed, they just kep insisting I ring them (they havent got my phone munber) but I wanted everything in writing. I suppose I have buried my head in the sand to much!

swift-1.jpg

swift 2.jpg

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Try not to worry too much - I;m sure things will work out OK. I'm at work at the moment but will get the letter done for you a bit later. Back shortly

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi there, affixed is the letter. Make sure you have got the correct Swift address/Department to write to - send tomorrow morning by recorded delivery (or special delivery by 1pm if you can afford it - I think it's just over £5). There is no point sending it today as they wouldn't get it till monday anyway.

 

 

I have altered your budget sheet (affixed). You need to attach a copy to the letter.

 

You also need to send a covering letter to the solicitors on the claim for possession form you got from court - I have affixed the letter you need.

 

So, you will need three copies of the letter and the budget sheet (one to send to Swift, one for the solicitors and you MUST keep a copy for yoursef - including the cover letter to the solicitors).

 

 

Once you have posted the letters, staple the postal receipts to each letter and then a few days later check on the royalmail website to print off the signature receipts -then staple those to the letters also. We will need those as proof they received the letter and we will attach then to your defence statement if you do need to complete the court defence.

 

Are you OK with all this? if not, just shout :)

ccrl14 letter.doc

ccrl14 budget sheet.xls

ccrl14 covering letter.doc

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.

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