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    • First of all look at the agreement header and advise exactly what agreement she has Likely HP, Conditional Sale, or PCP Write to them setting out the reason for her short term difficulties and set out the payment going forward ( including the extra payment to cover any arrears) Should they be foolish enough to refuse  just pay what she can afford anyway  After two months they can then issue an arrears notice at which point (if they are still refusing her offer) go straight for a Time Order  This can be done once an arrears notice/default notice has been issued and as the issue is short term and she wishes to keep the car is the best way forward 
    • I've had a quick read as to what a legal advisor order means, my understanding is it would've speeded things up. I must admit I'm surprised to learn from jk2054 that my Sept court date is only a directions hearing and not a trial. I will in due course inform Evri that I have no intention of settling for other than the full amount of my claim including interest, I'll also include additional text as suggested by BankFodder. If settlement fails and it goes to trial the lengthy period this is taking is of no concern to me, I'm prepared to go the distance. rgds J
    • Can I just confirm that our witness statement will also be our objection to the claimants application for summary judgement ?
    • Andrew Neil’s got your measure Jugg 🤣😂   ANDREW NEIL: It's easy to mock the entitled know-nothing student protesters who couldn't find Gaza on a map. But they are useful idiots making common cause with genocidal Islamists who want to see Israel wiped out | Daily Mail Online WWW.DAILYMAIL.CO.UK It was the moment which underscored the absurdity of those behind the anti-Israeli student unrest that is currently sweeping... …….. they are useful idiots making common cause with genocidal Islamists who want to see Israel wiped out
    • I don't understand why you didn't get a legal advisor order that's quite confusing I must say   @BankFodderI don’t think I’ve ever seen one of these have you?
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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
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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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Charges incurred between prelim and LBA letters


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Hi - Since sending my initial prelim letter to Smile outlining my claim, I've incurred about £100 of charges. Should I send another prelim letter with the new charges added or send the LBA with the new chrages added to the ammount I'm claiming?

 

Many Thanks in advance

 

Dom

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Send your LBA with the additional charges added on, and don't forget to update your schedule that you send aswell

Co-Op

Prelim - 09/06/06 (£2052)

LBA - 26/06/06

Settled 06/07/06 :D

Smile

S.A.R - (Subject Access Request) - 03/07/06

Prelim - 23/08/06 (£3185.50)

LBA - 08/09/06

mcol - 30/09/06 - £3250.50 + £800.22 + £120

Settled 13/10/06 :D

Capital One CC

S.A.R - (Subject Access Request) - 05/09/06

Prelim - 07/10/06 (1142.90)

LBA - 25/10/06

mcol - 13/11/06 (£735+ £323.29 + £120)

Settled

A & L CC

S.A.R - (Subject Access Request) - 07/10/06

Prelim - 14/11/06 (1065.16)

Wescot

CCA - 07/10/06

Co-Op(2)

S.A.R - (Subject Access Request) - 09/10/06

BOS CC

S.A.R - (Subject Access Request) - 18/10/06

Creation

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 02/11/06 (£94.61)

LBA - 17/11/06

Settled 21/11/06

Studio

S.A.R - (Subject Access Request) - 18/10/06

Prelim - 01/11/06 (£103.80)

LBA - 17/11/06

Settled 18/11/06

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