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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
      • 160 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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Potential repossession for clerical error?? ** RESOLVED **


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Hi all

 

I've just had notification of a second repo order on my house, after a many year fight. I won the last round with a walking possession order over me but still owned a house at the end of it. I did a 550 mile round trip in a day for that too. Phew.

 

Here is the background:

I moved someone in whilst I'm working away to afford the mortgage payments whilst I deal with the arrears repayments. They get paid on 10th of the month, leaving me around 10 days behind every month. I asked Hamilns Solicitors (Santander litigation dept) whether this was a problem as I could make it up in the interim somehow. They said it wasn't a problem at all as long as it comes around the 10th, agreement sorted.

 

Cut to last month. I phone up to see how I'm doing, apparently it has been returned to Santander as the arrears level has dropped low enough to be returned. Awesome! Only they did not mention the 10th of the month agreement to Santander. Instantly the 31st July came, computer says no, warrant kicks straight in, now I have a repossession order for 19th August!! Bunch of...

 

All this time I have complied, giving them my correspondence address and email, which they have had on file for 2 years plus. They sent the notification to my property up north, not to my correspondence address. They have done everything by email thus far, where I reply instantly…except this REALLY IMPORTANT bit. They didn't tell me any of this by email, nor pass any of this detail back to Santander. No phone call, nothing. I just got a random phone call from my very worried tenant.

 

Should I just tell the court all this and fight it, or am I likely to lose? can't find £1800 in 11 days - it's not possible unless you're a big bank like Santander. I've fought hammer and tooth for this for 5 years and am just getting somewhere with my debt clearance. Things are on the up apart from this. All my council tax arrears are gone after this month, leaving me better off still.

 

Any advice? Do I send out an N244 quick smart with all this on? Do you think a judge would give me the benefit of the doubt, seeing as its my second visit? I can't even afford to go up there and take time out from work - it might have to be a telephone hearing.

 

Muchos gracias

 

J

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This does seem very unfair. I will find someone to help.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do you have bank statements showing that you've been paying regularly on the same day of the month?

 

I definitely think it's worth the fight but strongly advise you to try and attend in person.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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If you have statements proving payment and that there was an agreement in place to pay on 10th of the month you should definitely attach that information on the N244. As Caro says, it would really be best to try and attend the hearing if at all possible. How much are the arrears and how much have you reduced them by since the suspended possession order ?

 

Have you spoken to the lender about this? you should put your case in writing to them as soon as possible, (send by special delivery) enclosing proof of your maintaining the payment arrangement and reducing the arrears, tell them you will be applying to the court to have the eviction stopped - hopefully they will cancel the warrant. If you need help with the letter please let me know.

Help us to keep on helping

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

 

 

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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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Brill, thanks guys. Yes I do have the statement which obviously looks skewed at this point in time, but only because of this. I attended in person last time but it costs me around £160 round trip to get there. My van won't make it this time either, its shagged. I will do my best and let you know how it all went.

Once again thanks, here's hoping!

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Let us know if you make contact with the lender and what they say - we can help you with the N244 submission if you need us to.

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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  • 2 weeks later...

Hi guys just thought I'd report back as some may find this useful.

After a 15 minute hearing - BY PHONE - I won! The judge called off the warrant and agreed to take my payment plan just as it was before. If it ever drops, 72 hr warrant reissue - but that is't going to happen on my watch. The important thing here I think, judging by the comments, is that I won it without having to show in person. Fair enough my circumstances are unusual, but I'm very relieved. Thank you everyone for the moral support and helpful comments, much appreciated :) If I can be of help to anyone else just let me know.

Happy Monday, people!

John

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Excellent news :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Pleased to hear it worked out John. :)

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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