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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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. 
       

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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Repossession questioned by deeds not being signed

IS IT ME?

By IS IT ME?
in Mortgages and Secured Loans

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TimetogoRAM

TimetogoRAM

Posted
Posted
Hello the lender never had an intention to execute it as it is not required to do so.

 

Remember companies also grant deeds. The RRO 2005 did not only apply to mortgage deeds.

 

Guys, even Wikipedia states

 

"the main difference between a deed and an agreement is that a deed is generally signed by only one person / party"

 

"an agreement by its name suggests that there should be at least two parties signing / approving the same"

 

It is not like I am making this stuff up to annoy people, it is the way it is. You have read all the other sources I have quoted.

 

Be great if things were different but they are not.

 

Exactly so 'generally' lenders have been taking the p**s out of us all, all this time, when a deed is supposed to be a speciality contract signed sealed and delivered!

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Winged Piglet

Winged Piglet

Posted
Posted

Bhall,

 

The way that my mortgage is constructed is that the Deed acts also as the loan agreement as it seeks to bind me to the terms and conditions and every aspect of the mortgage offer by my signature on the Deed alone. There are obligations on the Lender within the Mortgage Offer - its not constucted all one way in the Borrowers direction. Therefore there are obligations on the Lender contained within my Deed as they have sought to use the Deed for a multi purpose all in one document wrapping up both mine and theirs (laughably)! The Lender has pledged 'money' on terms that obligate both me and them. I do not have any signature from the Lender on anything at all and most definately not on the Deed.

 

WP

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TimetogoRAM

TimetogoRAM

Posted
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Bhall,

 

The way that my mortgage is constructed is that the Deed acts also as the loan agreement as it seeks to bind me to the terms and conditions and every aspect of the mortgage offer by my signature on the Deed alone. There are obligations on the Lender within the Mortgage Offer - its not constucted all one way in the Borrowers direction. Therefore there are obligations on the Lender contained within my Deed as they have sought to use the Deed for a multi purpose all in one document wrapping up both mine and theirs (laughably)! The Lender has pledged 'money' on terms that obligate both me and them. I do not have any signature from the Lender on anything at all and most definately not on the Deed.

 

WP

 

Sounds very familiar this. One thing is for sure the agreement or offer is definitely void because how many people, even Ben and Wikipedia say that an agreement has to be signed by both parties. We do not have the lenders signature on a single bit of paperwork. Not that I've seen yet anyway. Despite asking for a signed agreement a number of times!

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UNRAM

UNRAM

Posted
Posted (edited)
Bhall,

 

The way that my mortgage is constructed is that the Deed acts also as the loan agreement as it seeks to bind me to the terms and conditions and every aspect of the mortgage offer by my signature on the Deed alone. There are obligations on the Lender within the Mortgage Offer - its not constucted all one way in the Borrowers direction. Therefore there are obligations on the Lender contained within my Deed as they have sought to use the Deed for a multi purpose all in one document wrapping up both mine and theirs (laughably)! The Lender has pledged 'money' on terms that obligate both me and them. I do not have any signature from the Lender on anything at all and most definately not on the Deed.

WP

The mortgage is made by agreement. The agreement is a precondition of the deed and a condition of the deed. Come on Ben... Do you really believe granting a mortgage is a unilateral intent of the borrower? Is he just kinda hoping the lender will be kind enough to stump up the loan advance at some point? The lender's obligation is in plain sight.

Edited by UNRAM
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Winged Piglet

Winged Piglet

Posted
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Same applies to the deed if the advance has not been made when the deed is signed.

 

Yes I signed my Deed in preparation long before I had a mortgage offer. So the obligation for the Lender at the point in time when I signed the Deed, was amongst many things to stump up the 'money'! Even though the ruse is that the date the Deed is actually dated is the date of physical and legal completion.

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applecart

applecart

Posted
Posted

Caggers....watch Panorama...BBC1..... it's on now.....Britain's New Banking Scandal...

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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UNRAM

UNRAM

Posted
Posted (edited)
Yes I signed my Deed in preparation long before I had a mortgage offer. So the obligation for the Lender at the point in time when I signed the Deed, was amongst many things to stump up the 'money'! Even though the ruse is that the date the Deed is actually dated is the date of physical and legal completion.

It is absurd to suggest there is no obligation on the lender at the time the deed is signed. There is an unwritten charging clause in my deed that is nonetheless real: "I grant you the charge on the condition that you loan me the 'money'. The nature of the deed (bilateral) is characterised by the nature of the agreement if not by the lenders sleight of hand... i.e. it is not a unilateral intention as in the case of a seller granting an SPV attorney in a deed derived from a deed that has already been executed and delivered by all parties.

 

I notice that the lender/SPV mortgage sale agreement deed meets the requirements of both LPMPA1989 section 1 and 2 quite nicely. Is it a deed? Is it a contract? Is it both? Well they have certainly gone to great lengths to meet both sets of requirements...

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TimetogoRAM

TimetogoRAM

Posted
Posted
It is absurd to suggest there is no obligation on the lender at the time the deed is signed. There is an unwritten charging clause in my deed that is nonetheless real: "I grant you the charge on the condition that you loan me the 'money'. The nature of the deed (bilateral) is characterised by the nature of the agreement if not by the lenders sleight of hand... i.e. it is not a unilateral intention as in the case of a seller granting an SPV attorney in a deed derived from a deed that has already been executed and delivered by all parties.

 

I notice that the lender/SPV mortgage sale agreement deed meets the requirements of both LPMPA1989 section 1 and 2 quite nicely. Is it a deed? Is it a contract? Is it both? Well they have certainly gone to great lengths to meet both sets of requirements...

 

Any chance this sale agreement can be posted please?

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p.j

p.j

Posted
Posted
hi is it me hope all is well how can i pm you to go through things for wednesday.

 

Hi you can send a pm to me with your number and I'll talk you though it didn't know it was tomorrow

 

message sent is it me

 

thanks pj

e-petition is live please sign it.. unlawful repossessions..!!!

http://epetitions.direct.gov.uk/petitions/56915

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applecart

applecart

Posted
Posted
Has he gone lol

Boy they don't give up do they lol

If Ben was right why have the chamber not just dismissed it? ask yourself that

 

yes, i think he has......for now : )

 

The Chamber now have all submissions by now...from both your friend and the lender.

 

The Chamber minded that they would strike out the application due to a mistaken belief that you were looking to them to set aside the 'charge'

 

It is true...we want the Chamber to order the registrar to remove the charge....However, the root to them doing so is subject to the un-executed deed.....

 

We have done enough as you know for them to use your application as a 'lead case'....now that they better understand that it is the deed you want them to 'set aside'.....that is within their jurisdiction...

 

LRA 2002 section 108...does not give the chamber power to remove the lenders charge....for that...you must be ready to quote ...... rule 40 of the first tier tribunal rules 2013....that is the rule - if they are satisfied with both your written....and most importantly your 'verbal' submissions that they can exercise to order the registrar to remove the lenders charge.

 

The registrar may yet object.....the lender may yet object.....you need to remain vigilant.....we proceed with caution...

 

Yours is the 'lead case'.....from it...they intend to make a decision that will affect not only your friend....but also a number of other borrowers who have relied on the draft written presentation.....that is a lot of responsibility on you.......

 

You will be tasked to assist the chamber justify making not only the decision to set aside the deed....based on your knowledge of the Law....case law you have submitted in evidence...but also how to use this info to best effect...additionally you will almost have to get into the mind of your opponent to understand the likely conduct (intimidation/strategies/undermining/attacking tones etc, etc) and be aware that they will introduce known and unknown case law.....and all manner of additional info to defend their case......do not assume that they will rely purely on what their written submissions say....they will look to introduce more at the hearing.....

 

I do not perceive that will be able to defend the deed....it is un-executed...there is no defence to that.....however.....you will have to swat up on the type of verbal submissions that they will bring to defend that their charge remain in equity.......they will do their best to convince the tribunal that their charge remain on the register.....you must defend strongly that it is removed and understand and be able to explain 'why' and 'justify' why it must be removed......

 

You are not 'home and dry' just yet.......

 

I cautioned...there is more to do.....when you get to the actual hearing.....the true battle will begin.....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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applecart

applecart

Posted
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Hi Is It Me

 

can you add this info to your files please... you may find it useful : )

 

http://hudoc.echr.coe.int/sites/eng/pages/search.aspx#{"itemid":["003-4373181-5248974"]}

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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