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
      • 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
        • Like

Getting a suspended posession order discharged


yellowsleeves
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4048 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

Was in Court earlier this month, facing a second eviction date.

 

N244 submitted, and the eviction was suspended.

 

I've managed to get the lender to extend the term of the mortgage. It's reduced the CMI by £150 so that is going at the arrears as well now.

 

The arrears were rather small compared to some at £2100, they are now £1800.

 

By Christmas I should have them cleared. Can I then get the suspended order discharged?

 

I don't like the way they can just get an eviction date whenever they feel like it.

 

What if I'm on holiday? Ill? And don't have time to react to it.

 

Also, is it possible to claim back some of the fees on the mortgage? I have read some confliction advice regarding this.

Link to post
Share on other sites

You will have to keep your mortgage account up to date for at least 6-9 months after clearing the arrears before the mortgagee will agree to lift the order. If they don't agree after that time, you can return to court to ask for it to be lifted, however, without at least a decent period of consistent payments on time, the court will not change the order.

 

Which fees are you hoping to claim back? If it is fees for litigation, unlikely. If it is for late payment charges etc, then there are other threads on the forum detailing how to do that.

Link to post
Share on other sites

  • 2 months later...

So, an update.

 

The bank actually capitalised the arrears back in November, when they were at around £1000.

 

I've made Nov, Dec & January's repayment in full + £165 & on time each month.

 

Is it just a case of asking them to agree to cancel the posession order?

 

If/when they refuse, what is the process with regards to going back to court? I've searched all over the net and cannot find anything.

 

Thanks

Link to post
Share on other sites

  • 3 months later...

Hi, All (Again)

 

Kept upto date with all payments. Have even being paying extra each month to get the mortgage paid off as quickly as possible.

 

However, my request to the lender to have the Possession Order Discharged, Cancelled etc was refused, citing the "Banks financial interests"

 

I've searched high and low to find an answer as to how I go about applying to the court.

 

I found somewhere that I had to file a notice of discontinuance, I found that form on the court website and that seems to be related to family matters, not what I need.

 

Any help would be hugely appreciated!

Link to post
Share on other sites

Hi, All (Again)

 

Kept upto date with all payments. Have even being paying extra each month to get the mortgage paid off as quickly as possible.

 

However, my request to the lender to have the Possession Order Discharged, Cancelled etc was refused, citing the "Banks financial interests"

 

I've searched high and low to find an answer as to how I go about applying to the court.

 

I found somewhere that I had to file a notice of discontinuance, I found that form on the court website and that seems to be related to family matters, not what I need.

 

Any help would be hugely appreciated!

I am no expert, but I suggest that you ask in your local court for the appropriate form to complete. Hopefully, someone with mor knowledge in this area will be along to help. I had a quick look on the court web site, but could not find anything other than a N244 form which is a general application, this may help? t

Link to post
Share on other sites

  • 3 weeks later...

I dont know if this will be of any help - but I have recently been through a full reposession was actually reposessed and then given back the property same day. paid off arearrs following day in full and actually am in credit on my payments now (hoorah!) However, when I asked the mortgage company why they wouldnt withdraw the posession order they told me it would stay in force for 6 years and if the arrears accrued again they could automatically go for posession! I am in limbo at the moment but awaiting on the ombudsman before I go direct to court to see if I can get it overturned - so guess your best bet is to speak to the court that issued the warrant for posession.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...