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    • If you are buying a used car – you need to read this survival guide.
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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 
      • 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
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Hi

 

I had a CCJ issued a while back about 6 months ago these are the facts

 

1) CCJ issues

2)High court writ of Ex Issues

3)Bailiff visit

 

4) payment plan agreed X amount by the 5th of every month

 

For the Last 6 months i have paid without problem on the 2-3-4-1-3 of each month

 

Ive rung up today to pay and they say my agreement has been canceled as ive been making late payments as it takes them 2-3 to allacate payments

 

If i knew this i would of paid a day or two earlyer , just wondering my options now as they have the Writ etc

 

I would like to get my payment plan etc

 

Cheers James

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Do you know if your payments are made using Faster Payments Service? What time of day do you usually pay?

 

Why not tell us a little of the history behind this? Are you comfortable with the payments you are making or would you like them reduced further? How did the HCEO get involved?

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HI

 

I Ring up and Pay on My Card , Gose Straight out of Bank Yes the payment figure is ok i dont need it reduced , Not missed any have always thought i was up to date.

 

I always pay in the morrning before the 5th

 

HCEO got involved as it was a CCJ from my EX account for around a £900.00 Which we did not agree on he took me to court and got the CCJ and then got the Writ - Baliffs came and agreed a payment plan

 

Have made payments each month then since then around 6 months ago

 

I would like to do whats needed to get some control of this

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If you are paying by giving them your card details then it will take longer to go through the system. However they should have told you at the beginning it was going to take extra time -not 6 months later. It would appear to me they are trying to engineer an excuse for further fees. Have they informed you of the fees they have charged so far? At a guess they may be keeping 40% of any payment for themselves as a contribution to fees. If paying in instalments it is better to have this rubber stamped by the Court than an amicable agreement.

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Allocation of the payment is a different thing than receipt of the payment - and has a different time scale ! If the payments reached them on the dates you quote I fail to see how you are at fault. What is the exact wording of the original agreement ?

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I am afraid i dont have the orginal doc as ive moved since then

 

However i have no spoken to someone with a bit of Sense and they have re-instated my Plan

 

So the only question i have is

 

How can get these payments agreed by the court as said above ?

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If you want to have the payments "approved" by the Court then you would need to apply for a Variation Order which is done on Form N245 - cost approx £40. One word of caution though and that is you do have to supply I&E so if you are making a low payment at present then this could be increased depending on your incomings & outgoings, of course the reverse is also true if you are making high payments the Court could reduce them. If you do apply then also note the Claimant has a right to object - in which case a Judge will decide - and could themselves apply to vary the payment at a later date.

 

My concern at present would be the fees you are being charged and think you should ask for a breakdown.

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Thanks for you help even more so on a Friday night !

 

I have no Problem Paying a Week Early , As i stated i did not know how long it took for them to sort the payments out.

 

I think i will look at going the N245 Route as i dont want to be shafted again by them.

 

 

 

Thanks again.

 

Cheers J

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There is one thing I have not mentioned as yet and that is a Stay of Execution against the HCEO & Writ. If granted it prevents further fees or enforcement being carried out unless of course you break the terms of the Order. To apply for this you do need some grounds as to why it should be granted & strangely enough one of the most common is if you cannot afford the fees being charged. Unlike fees for Council Tax or Parking Tickets, fees for HCEO work can be astronomical - doubling or even trebling the original debt - meaning you can be indebted for several years depending on payment levels. This is why I suggested earlier asking for a breakdown of their fees - most can be challenged.

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