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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.

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      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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Defaulted on suspended repossession order


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Hi hope someone can give me advice. I had a repossession order suspended approx 18 months ago, mortgage us with Santander and their lawyers are Hamlins who I now make payments to. Arrears were around 3, 000 and I pay 416 mortgage payment plus 84 to pay off arrears. I recently lost my job and shouldve started my new one with very little gap in between wages going in from old job and first pay from new job, however there has been a major delay due to crb and references not coming through and I missed a payment to hamlins.

They have now applied for eviction (not received letter from bailiffs yet) I called hamlins and explained that I was not working at the moment and am receiving JSA for a short term while I was in between jobs but they said that was irrelevant and I have to pay 496.00 by 16/1/14 for them to cancel the eviction.

I called civil legal advice and was advised to put in an N244 (is this correct? ) and while CLA couldn't be with me in court, they will send a letter for the judge explaining my circumstances and ask for a period of 8 weeks to allow new job to start and money to start coming in. I am terrified to go to court by myself, I did so for the original repossession hearing and it was awful.

Ive been googling for all sorts of advice and came across a company called house eviction.co.uk and called them, they advised that they would represent me at the hearing but charge 199 pounds which isn't payable unless they win. Shall I go with this? Are they above board? Is it worth the money?

I am worried as I am still waiting on a start date for new job, I can't prove to a judge that I can maintain future payments as I've currently got no income, I have a job offer in writing but that is all

Please help, dont know what to do next.

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Please don't pay anyone £199 pounds !!! These companies make a lot of money from people who are frightened and desperate - if you had £199 you would pay it to the arrears wouldn't you ? It only costs £45 to submit the form to the court yourself. We can help you with the N244, read our guide - click here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession you will see examples of how to fill in the N244 and set out a statement to go with Q10 of the form.

 

If you can show the judge the reason for the missed payment, together with the letter from CLA I am sure you won't lose your home. Please ask for any help and we will be happy to assist.

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Thanks for the replies, I think I may be able to get the money together for this payment but hamlins are going to want an I+E doing to prove I can pay the next time and so far no start date for new job. Can they cause me a problem because I'm on JSA for a short while?

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We have got the money available to make this payment of £496 but I am waiting on CLA to call me back to advise whether its worth paying it now and stopping this current eviction because I still haven't got a start date for new job let alone a date to start getting paid, so next due payment won't be made (due 28th Jan) so does it make more sense to submit N244 now and hope the judge allows us more time to start job etc or make this payment and then sort out next month when it comes? If not found in our favour I wouldn't have £1400 to pay off total arrears.

Also when we've just sat and worked out how much we've paid to Hamlins, I've paid approx £3000 with £1400 still outstanding when arrears were originally £2600, obviously I can go back through bank statements online and prove this, I've asked Santander for statements and they said they will send copies but Hamlins have so far not send me statements of payments I've made despite me asking several times over the last 12 months.

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