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

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


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3812 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

I understand that the FCA (previously FSA) demands that all calls in

relation to any “Mortgage” arrears must be recorded, (even it these only deal with security checks) so I wonder if it

would be worth pointing this out to Eversheds... and ask that they bring a copy of that call to the court so you can show the judge how they tried to intimidate you 24 hours prior to the hearing !!

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

Link to post
Share on other sites

  • Replies 72
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just to add, for the hearing tomorrow. Ask that the judge stays the eviction on the basis that there is no prejudice to the lender to wait whilst the property is sold because a) you are offering the CMI plus something towards the arrears in the interim and b) a property that is sold whilst occupied always achieves a higher price than a repossessed property and c) the property has substantial equity, which supports the fact that there is no prejudice to the lender in awaiting the sale.

 

The judge will be looking to ensure that there is no prejudice to either side by the decision that he makes - if he fails to stay the eviction, then he has caused prejudice to you for the reasons above...and you should definitely appeal to the circuit judge immediately if that happens.

 

Based on experience, it is extremely unlikely that you will lose your home tomorrow, largely because you are in a position to pay the CMI plus something towards the arrears.

Link to post
Share on other sites

Just to add, for the hearing tomorrow. Ask that the judge stays the eviction on the basis that there is no prejudice to the lender to wait whilst the property is sold because a) you are offering the CMI plus something towards the arrears in the interim and b) a property that is sold whilst occupied always achieves a higher price than a repossessed property and c) the property has substantial equity, which supports the fact that there is no prejudice to the lender in awaiting the sale.

 

The judge will be looking to ensure that there is no prejudice to either side by the decision that he makes - if he fails to stay the eviction, then he has caused prejudice to you for the reasons above...and you should definitely appeal to the circuit judge immediately if that happens.

 

Based on experience, it is extremely unlikely that you will lose your home tomorrow, largely because you are in a position to pay the CMI plus something towards the arrears.

 

 

I will write this down and take to court with me Thankyou everyone I have asked eversheds and I'm told no tapes are available to play in court

Link to post
Share on other sites

Hi again Worried56,

 

I have only just logged in.

 

Me thinks that Ell-enn has got the bit between her teeth here - from my limited experience the Judge does not want to be Bullied by err MR BULLY - not a chance.

 

All I can tell you is please follow the leads that Ell-enn, citizenB and Lea_HTH are showing you PLEASE BELIEVE.

 

You have TOOOOOOOO much ON YOUR SIDE - MR BULLY = 0 Worried56 = 150

 

The Judge, I am sure, WILL go down your route - You are reasonable people - Mr Bully is UNREASONABLE

 

I only hope that you get the guy from eversheds that I had - he thought they were Tossers!!! True - honest - he said "...could you give them £75 a month, anything for the arrears...?" We then went into court and he described me as "...a good hard working person that has had a bit of bad luck!" Go figure!!! BUT - I didn't get my own way because of him - I got my own ways because I presented my facts - just like you will tomorrow. The Judges does not want to go home and reflect on his day having signed an eviction - thats the last thing he wants - SHOW HIM HOW YOU ARE TRYING AND SORTING IT OUT DESPITE EVERSHEDS BEST EFFORTS TO STOP YOU.

 

GO GET EM

 

YOU WILL NOT BE LEAVING TOMORROW

 

With sincere best wishes for you. Try and have a bit of sleep - this time tomorrow you will have victory with all the fantastic help that these wonderful people on here have given you but most of all YOU DID IT

 

Kind regards

 

HTA (Happier Times Ahead) x

Edited by HTA
Added a bit of colour
Link to post
Share on other sites

Evening HTA

 

I have made notes of everything I have been advised and am prepared Thankyou so much for your kindness it really has made a difference to my state of mind I will update you all tommorow how it goes x

Link to post
Share on other sites

I will write this down and take to court with me Thankyou everyone I have asked eversheds and I'm told no tapes are available to play in court

 

Well, to paraphrase Mandy Rice-Davies, they would say that, wouldn't they?

 

Good luck for tomorrow. You have so much going for you it should be fine.

 

We'll all be thinking of you and waiting for an update.

 

DDxx

Link to post
Share on other sites

and ............... now relax Worried56 - you have everything going for you.

 

Just try and get some sleep.

 

You are not on your own tomorrow - you have all us lot with you - remember that.

 

Night Night HTA x

  • Haha 1
Link to post
Share on other sites

Well, you are likely to be in your hearing right this very minute. I hope it all works out for you.

 

David.

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

Link to post
Share on other sites

Hello all it got suspended!!! So happy

 

The agent for Santander was a nice man even gave me a few pointers before we went in

 

judge was lovely she said she had read my application and if was well thought out and I was very expeditious. She said on that basis she was making a order for the warrant to be suspended and a order for us to pay the monthly and £350 towards the arrears (we offered £500) Could not asked for a better judge or outcome

 

Thankyou for all the help

Link to post
Share on other sites

Hi Worried56

 

:whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo: :whoo:

 

WELL DONE YOU - So HAPPY for you - That news has made my week

 

Brilliant, just BRILLIANT.

 

So happy for you and yours

 

Have a great weekend

 

HTA x

Link to post
Share on other sites

That's great news. Congratulations :)

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

Link to post
Share on other sites

Fantastic - well done :)

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.

Link to post
Share on other sites

Yes, this is excellent news. Now you can relax a little over the weekend :)

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

Link to post
Share on other sites

Great news well done....

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...