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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.  

      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 
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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.
      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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Eviction booked for 12pm hearing two hours before. - Eviction Stopped success


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There is no one there who is able to go with us from

Cab

 

My main worry is the solisitors for santander being really nasty and bringing up that we made a unaffordable agreement previously.

This was done to stop our last eviction and

We also paid nearly £3000 off at the same time.

 

What questions are the judge likely to ask?

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The solicitor for Santander will more than likely be from a local firm who will only have received the basic details just before the hearing. If the subject of your previous agreement is raised you should say that you were pressurised into agreeing to make large payments as the lender told you that was what was needed to stop possession.

 

These hearings usually only take around 10 minutes, the judge will have read your N244 and seen the documents you have provided so there will be very few questions he needs to ask - I honestly think you will be OK

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Also we have been told that although we are married my husband must attend as my name is not on the mortgage. Am I able to speak as he is worried about doing so? And we have childcare for our other children but are babies permitted in the hearing room as we have no childcare for him. He would be in a car seat and quiet as only a few months old

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Your husband won't have to say much at all, the judge will do the talking and if you have no child care for the little one then you should take him in with you.

 

Please try to stay positive :)

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I look forward to hearing your good news :)

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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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Hi Worried56,

 

Justseen your thread.

 

I know Santander and Eversheds well!!

 

You have one of the best people on this site in Ell-enn. She is an expert at this type of thing and knows her stuff.

 

I have been to a repossession hearing with the above people. I represented myself against the above mentioned lunatics and all went well. You have so so much on your side so please stay positive. The Judges in my opinion know that the mortgage companies and the sols representing them are Bullies!

 

In light of all the POSITIVES you have on your side of the table I think you will be OK. As Ell-enn says it is just a quick hearing and the Judge may well be very unhappy with Mr Bully for proceeding with this case.

 

Please take deep breaths, stay focused, take your time when answering any questions if asked, just look at the Judge and not Mr Bully. If it helps imagine Mr Bully in a bath of cold custard!!!

 

The guy who represented Eversheds was actually a rather nice bloke!!! Very amenable and even made me laugh a few times!!! How bizarre is that!!!

 

So please stay POSITIVE and go in to WIN.

 

If I was a betting man I think Mr Bully might be in for a telling off!!!

 

Looking forward to hearing about your well deserved VICTORY.

 

All the best

 

HTA

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HTA - Thankyou so much for sharing your story and your kind words it is so good to hear from someone who had gone through the same situation we are going through. I think my main worry is the eviction being two hours after the hearing - we can but try. And ell-enn has been fantastic as have everyone on hear so a massive Thankyou to you all

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Hi I hve another thread on here about a hearing to stop a eviction also dated tommorow

 

I sent a proposal to eversheds which was declined.

I have submitted n244 yesterday and then today recieved the following message

 

In order to discuss your mortgage account and how our client can assist, please contact Eversheds on 0845 4987303 and quote the following reference number 00000001/79600 (Please do not reply to this message). Thanks.

 

What should I do ???? And what do you think it is regarding ???

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Hi again,

 

This should be on your other thread as it is relevant.

 

I think you should ring them.

 

Maybe they have reconsidered your proposals and are considering cancelling the hearing tomorrow to give you more time.

 

That would be good news!

 

Call them and let us know on the other thread what they say, and Ell-enn will advise you.

 

DDx

Edited by Desperate Daniella
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Hi again Worried56,

 

For what its worth I think I agree with Desperate Daniella.

 

Give them a call and see what they have to say. If they start pressuring you I would just ask them if they are trying to help or hinder. If it all gets to tough just tell them that you are finishing the call owing to there agressive nature. BUT perhaps it is GOOD NEWS.

 

Give it a go and let us know please.

 

POSITIVE - not all news is bad new.

 

HTA

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Absolutely. You can always hang up if they are trying to pressurise you, but you have to call because it could be good news!

 

Don't agree to anything - higher payments than you have offered already - that you are unhappy with.

 

As you are fighting back that is much harder for them than just walking into Court and getting an Order, and you have made them a very reasonable offer.

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I have merged both your threads - that way those helping on the original thread will get to see this latest development :)

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Complete waste of time

 

Was told the text was to inform me was are being evicted at 12pm tommorow and did we have any other plans to pay the arrears in full.

 

I said no and that was why we was going to court she said well be prepared to be evicted and a eversheds rep will be there to defend santander. And urges us to find anyway to pay the amount In full.

 

Sooo p***** off the texts makes it sound like they can help an then we get that ! Can't say I'm suprised though.

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Hi,

 

Oh dear. But let's get his into perspective shall we?

 

Until an hour ago we did not know that Mr Bully was going to text you. You was building energy for your VICTORY in Court.

 

So lets just forget that Mr Bully wasted HIS money on a text!

 

Too hell with them - Muppets.

 

Just get back into focused mode - CALM - COOL - CHILLED - POSITIVE - and BREATH!!!

 

Now where were we - oh yes I know - POSITIVE

 

Kind regards from a fellow Muppet suffer!

 

HTA

Edited by HTA
Sausage fingers!
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Hello there.

 

I just wanted to wish you all the very best for the hearing. An extra piece of information that you may find useful is that the lender is supposed to adhere to the mortgage conduct of business rules. Within the rules (rule 13.3.2A) it states that where no reasonable payment arrangement can be made, a lender should allow the customer to remain in possession for a reasonable period to effect a sale; and not repossess the property unless all other reasonable attempts to resolve the position have failed.

 

In a nutshell, the fact you have a buyer should have been enough to get the lender to give you time to complete the sale. Although I cannot guarantee what tomorrow's outcome is likely to be, the courts need to make the fairest decision given the circumstances. If you have a buyer they really should allow that sale to complete.

 

Best of luck!

 

David @ NDL.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Hi Worried56,

 

I think that David @ NDL has a valuable point?

 

I think this needs mentioning tomorrow to strengthen your case even more. I bet that Ell-enn will be able to tell you how to fit that nugget of info into the proceedings? It should not be that hard and I think the Judge would agree?

 

Could I also say that I do not think your arrears are that big - could they not just roll them out over the rest of the term of the mortgage?

 

Stay calm

 

HTA

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So the person at Eversheds reckons you should be prepared to be evicted do they!! I think if you told the judge tomorrow that the prat at Eversheds had said today that the judge would evict you, he would be extremely displeased ! These people forget that the decision lies solely with the judge, no matter what they say or what they want. Nice to see Eversheds are keeping up the intimidation right to the last minute - imbeciles!

 

You'll be OK :)

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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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