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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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Awaiting Eviction date - ** SUSPENDED **


andrew0101
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Hi there, are you able to make the normal monthly payments plus something towards the arrears going forward ?

 

You say there is a suspended order from 2010 - how many payments have you missed since this order and were they recent ?

 

Do you have comfirmation that your house is on the market? i.e. estate agent contract, advert, brochure etc ?

 

 

You should complete a budget sheet to go with the N244 - I have affixed the one we normally use (it calculates automatically as you fill it in)

I can help you with a statement to go with the N244 if you need me to.

Budget Sheet.xls

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Hi Andrew,

 

 

Let me know when you have completed the budget sheet and how much you could reasonably afford towards the arrears each month. If you'd like me to look over the budget sheet you can email it to me at [email protected] (there is no space between the c and o, the site just show it like that.

 

 

I will make a start on drafting a statement.

 

 

Who is the lender ?

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If there's anything you think might be extenuating circumstances then by all means email me. However, if you are determined to sell and can show you are able to payments while awaiting the sale then we probably have enough info for a statement.

 

 

When will you next be making a payment - if you can make one before the hearing it always helps your case.

 

 

If you haven't received an eviction notice yet it might be worth while sending a letter to the lender outlining your offer of payment and advising them that you have instructed an agent to market the property. I can draft a letter if you like ?

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OK, complete the budget sheet as you will need to affix it to the letter.

 

 

Back shortly.

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Hi, I have replied to your email.

 

 

Affixed is the letter you need to send asap. You just need to put in your address, their address and the amount you are offering to pay towards the arrears where there are XXXs. Also put the estate agents name where there are XXXs. Try to keep the letter all on one page (lenders have a habit of being unable to process information if it's on more than one page lol).

Affix photocopies of the estate agents details to prove the house is on the market.

 

 

Send by special delivery (make sure you have the right address).

Keep a copy of the letter safe and also the receipt for special delivery - you can then check on the royalmail website a few days after posting to print off the signed for receipt - you then need to keep that with the letter as we will affix them to the N244 form to show you tried to come to an arrangement.

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Good - lets see what reply you get

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  • 2 weeks later...

OK, so they found the letter then! ring them and ask them to put their refusal of your offer in writing as you intend to apply for a hearing in front of a judge to get the eviction stopped. Make sure you write down the time of the phone call and take the name of the person you speak to.

 

When the eviction notice arrived we can then do an N244 form to ask for a hearing.

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OK, if they refuse again, then ask them to put it in writing and take the name of the person you speak to.

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What are you thinking of offering ?

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I wouldn't send them any more budget sheets - if you feel the need to write to them again then just advise them you should be able to offer an additional amount from end October due to(whatever the reason is). But if you have the house on the market, it may well be sold by then anyway.

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  • 3 weeks later...

The CML recommendation is:

 

5.5 The lender should respond promptly to any proposal for payment made by the borrower. If the

lender does not agree to such a proposal it should give reasons in writing to the borrower

within 10 business days of the proposal.

 

However the above is contained in the Pre-action protocols - it could be argued that enforcement of a court order for possession (eviction) is not pre-action, but the lender does have to treat the customer fairly and not giving a reason for refusing a payment proposal would certainly seem unfair.

 

They may think they don't have to give you a reason, but provided your proposal is a fair one, based on your financial circumstances - I think a judge would want to know the reason they rejected it.

  • Haha 1

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Hi, I'm at work but will try to get back to you later. At first glance your statement is too long and not concise enough. It should be set out clearly and in bullet points - have a look at post 48 of this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?429540-being-evicted-tuesday-11-o-clock-help!!/page3

 

and post 64 here - http://www.consumeractiongroup.co.uk/forum/showthread.php?429540-being-evicted-tuesday-11-o-clock-help!!/page3

 

These statements should give you an idea of how to set it out. It is also important that you quote the Norgan case law (also in these statements), if you are asking the court to allow you to pay the arrears over a period of time.

 

Back later...

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  • 4 weeks later...

Hi there, I can help you with the N244 form etc once you have received the eviction notice (you will need to take that along to the court when you submit the N244).

 

Is the house still for sale? have you had any interest in it?

 

Have you made any payments recently - in line with what you have offered them ?

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  • 2 weeks later...

Hi, I haven't got the email..........

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Hi, got the email - but you haven't done a statement yet? or budget sheet. Have you looked at the guide at the top of the repossession forum or the other threads I gave you links to in post 47? -

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Ok :)

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I have replied (2 emails)

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I have got the email and replied, but we need to sort the budget sheet

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  • 2 weeks later...

Well done :) glad you got a decent judge. You should receive the court order in the post early next week - the court will have informed the bailiff office of the suspension of the warrant. You could always ring the court on Monday and check.

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  • 3 months later...

That's good news, you must be very relieved. I hope you found the forum helpful :)

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  • 1 year later...

Oh that is brilliant !

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