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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 
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    • 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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Repossession 2019 (for friend) ***Resolved*** then but now back in even worse situation


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Look at other options of raising funds. If he sells the additional property there is the possibility of CGT, same with the art.

 

It may be worth considering a lifetime mortgage on the additional property as the amount required is so small in the grand scheme.

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  • AndyOrch changed the title to Repossession advice please (for friend) ***Resolved***
  • 5 months later...

Something else that may be an issue here. If friend has a mortgage they will have to have buildings insurance and I am sure that one of the questions relates to the property being empty for extended periods. Has this been addressed, if not and there is a claim there will be a good chance of it being refused.

 

Not sure what you mean with regards a poor sales market, if its regarding property its not that bad and will not grow by any large amounts anytime soon.

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Not sure where the flat is but the property market is not that low. Prices have plateaued in the SE with some decreases for high value properties in London, the rest of the country is generally seeing some small increases.

 

Seems your friend is between a rock and a hard place. He has a flat he cannot afford to maintain costs on but will not sell as he thinks that prices will rise albeit not knowing when.

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It seems to me he is relying on the fact that there is a lot of equity that the lender will not try to repossess, quite a risky thing to do. The service charges would have been in the original lease so must have been agreed at the time it was bought. Not justifying the amount as that seems very high.

 

You mention it was bought decades ago - depending on the length of the remaining lease this could possibly be another issue as the shorter a lease gets the more expensive it is to renew. May be worth checking and hopefully it was on a very long lease originally.

 

Regardless of the rights or wrongs it looks like the problem with the ongoing service charge will always be there and will rear its ugly head every year. As I said a lifetime mortgage that provides a lump sum to clear the outstanding debts and an income to pay the service charge seems like a sensible way out unless your friend has other ways of finding the funds.

 

A lot will also depend on whether your friend intends to come back to the UK, if not I think selling would be a sensible thing to consider as the funds released could be used to generate an income which could be more useful than a property sitting there not producing any sort of return, or actually a loss to be honest. Other option would be to consider letting the property to generate an income to cover the fees and mortgage and probably a bit extra. 

 

I realise that the selling or letting is not ideal but the situation could end up getting out of hand if it carries on. If a lender does repossess it would not be unrealistic for it to be sold at less than 75% of the true value which is not good in any way.

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