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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.  

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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.
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      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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Mortgage arrears charges?


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Hi

in January 2011 i took my mortgage company to court to stop an eviction the arreears we had at the time were £18259.06 in arrears the judge suspended the warrant with the understanding we paid £150 a month towards the arrears which we have been doing on wednesday i got a call from N-RAM asking for a break down of income as we had broke the arrangement i asked how we had done so as we pay every month and have never missed a payment since order was suspended i was told that in oct 2012 i was £100 short in my payment i was not aware of this and the only explanation i could give was i pay by dirrect bank transfer and my hand must have slipped and i put a 6 instead of a 7 they told me that was not good enough and the agreement was broke therefore i would need to pay £250 a month extra on top of my mortgage payment and that my arrears stood at £17994.20 how can this be if i have been paying £150 off the arrears for 23 months ???? it should be £14809.06 should it?? can anyone help on this? if the arrears are what they say why have i been paying the extra it works out at £11.51 a month not £150. they ate demanding i pay this extra £250 even though they know my budget wont allow me to although they state my break down i gave them is to high and i must make cut backs i have been in contact with a debt company who tell me i am in low middle with my spending so i just dont know where to go from here i have 6 weeks to find and start paying the extra each month or they are going to evict us PLEASE PLEASE HELP!!!

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Hi

 

They will have been taking arrears charges every month, no doubt, and you can claim these back if you're prepared to put a court claim in. Most mortgage companies charge about £50 per month when you're in arrears - there is no justification in this. If you've been in arrears for a few years, they will have taken a big chunk of charges and lumped interest onto that, it could run to £1000s. You need to send them a SAR (Subject Access Request) and find out exactly what they OWE YOU - then you claim it back.

 

BAE :wink:

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