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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
      • 162 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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my Leasehold/Freehold property and its issues.


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Posted (edited)

ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.

 

Edited by HP Mum
I get confused. And I'm in it.
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This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 

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It's genuinely amazing how you managed to rebuke pretty much all of my points without giving a single shred of evidence to prove it. When asked for evidence all you claim is that "it's clear cut" but how is anyone here meant to know if you won't show it?

 

59 minutes ago, aesmith said:

You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.

I agree with this.

If you can't convince us, how are you going to convince the judges when this inevitably goes to court?

We could do with some help from you.

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Lolerz - I don't understand you. 

Rebuked you? 

 No. I simply replied to your orange comments with legal facts as I know them. 

I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally. 

In terms of posting evidence. 

Sure I can post some. 

But my most recent questions have been

a) how can I enforce a sale before trial? 

And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?). 

At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence.

Fwiw -

all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  

Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  

My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.  

Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared. 

And continue to try better prepare - which is why I visit this site (and clinics). 

This is NOT my business or expertise at all. 

I'm just trying. 

Not that anyone should ever have to justify why they need help if they ask politely! 

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4 hours ago, HP Mum said:

a) how can I enforce a sale before trial? 

You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.

4 hours ago, HP Mum said:

b) how can I make a complaint and/or a claim v receiver?

A receiver is bought in by the lender, not you.

If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here.

Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.

https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme

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We could do with some help from you.

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Thank you.

The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why? 

Fair market value seems to be ever shifting and contentious.

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9 hours ago, HP Mum said:

My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.

I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts.

A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL.

I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since?

I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.

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Posted (edited)

The property was our family home. 

A fixed low rate btl/ development loan was given (last century!). It was derelict. Did it up/ was rented out for a while.  Then moved in/out over the years (mostly around school)  It was a mix of rental and family home. The ad-hoc rents covered the loan amply.  Nowadays  banks don't allow such a mix.  (I have written this before.)

Problems started when the lease was extended and needed to re-mortgage to cover the expense.  Wanted another btl.  Got a tenant in situ. Was located elsewhere (work). A broker found a btl lender, they reneged.  Broker didn't find another btl loan.  The tenant was paying enough to cover the proposed annual btl mortgage in 4 months. The broker gave up trying to find another.  I ended up on a bridge and this disastrous path.  (I have raised previous issues about the broker)

Not sure what you mean by 'split'.  The property was always leasehold with a separate freeholder  The freeholder eventually sold the fh to another entity by private agreement (the trust) but it's always been separate.  That's quite normal.  One can't merge titles - unless lease runs out/ is forfeited and new one is not created/ granted.

The bridge lender had a special condition in loan offer - their own lawyer had to check title first.  Check that lease wasn't onerous and there was nothing that would affect good saleability.  The lawyer (that got sacked for dishonesty) signed off the loan on the basis the lease and title was good and clean.  The same law firm then tried to complain the lease clauses were onerous and the lease too short, even though the loan was to cover a 90y lease extension!! 

Edited by HP Mum
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25 minutes ago, HP Mum said:

Not sure what you mean by 'split'.  

From #38 where you wrote the following, all in the 3rd person so we don't know which party is you. When you sy it was your family home, was that before or after?

" A FH split to create 2 Leasehold adjoining houses (terrace)

FH remains under original ownership and 1 Leasehold house sold on 100y+ lease. .
Freeholder resides in the other Leasehold house.

The property was originally resided in as one house by Freeholder"

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Posted (edited)

Ah - that was another thread that got merged back in 2018   That 'split' doesnt refer to this legal matter

 

Edited by HP Mum
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Really, have you had several leasehold properties repossessed from you? This is the trouble with asking advice in a series of hypothetical questions, with all parties unnamed and referred to in the third person.

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Posted (edited)

Right. So I think it would be  good idea to give a brief description of the property, for example detached house, or flat or terraced. And some sort of identifier so we can distinguish from other properties you handle. An incomplete street address eg "No.14" would do so while preserving your privacy.

Is the freehold title discrete for the property, or does it cover other leasehold properties?

And a bit about your history, how current ownership came about. At one stage you said it used to be your family home, elsewhere you wrote that you'd bought the leasehold. Did those comments refer to this property? Did you acquire it on the open market, or from your family? Is this the house with the garages, where you own the freehold?

Trying to understand whether there are underlying reasons that might account for problems with valuation, eligibility for finance, and the fact that neither you nor Lender found it possible to sell.

Finally (for the moment) you refer to existing litigation. Does that relate to this property? If so it would be good to give a brief overview. Civil or criminal? What role do play .. claimant, defendant, appellant, respondent?  Charge, or cause of action.

You don't want to go off on separate path that would better joined to the current proceedings. 

Edited by aesmith
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Bazza - fair market value is definitely contentious.  Your comment has made me realise I must consider it in detail over the last few years alongside the steps lender/ receiver took. I've made a start

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Posted (edited)

Ae - thanks for your interest. 

It's quite overwhelming to keep reiterating the background.  I've lived through a lot and put a lot behind me.  There is one property - that has unresolved civil litigation.  It's been subject to lots of litigation - as explained (LH/FH).  I also explained the lender could've sold it immediately.  They chose not to.  The crux of the remaining litigation is focused on the steps they took and why I shouldn't be liable for their failures.  My counterclaim raises issues of criminality. 

I'm very tired.  Exhausted with looking backwards.  The trial proceedings are at their end - I am now only trying to figure if I have an alternative angle by way of a separate complaint or claim v receiver AND how I can force a sale before the issue would be dealt with at trial.  (Aside: i'm still considering if I can complain v broker AND need to follow up with sra on former lawyer negligence)

I'm considering Bazza's comment about fmv - this will present more transparency on the situation 

Edited by HP Mum
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I mean it's in last stage. Many previous hearings re claim and d&cc. Points eitherside whittled down. Disclosure of all evidence provided. Statements drafted.  This means no new points can be raised.  Next should be trial.  But lender adjourned trial. They want to discuss settling.  As trial is adjourned, there is a possibility to raise new points but only if disclosure provided new crucial evidence.

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  • honeybee13 changed the title to my Leasehold/Freehold property and its issues.
  • 1 month later...

Regarding SARs - does the recipient provide hard or digital copies of info? 

I sent out a request recently. All the info was digital and I'd like it sent digitally - for expedience -  but they want to post hard copies. 

Can I demand digitally? 

If it's hard then I will have to labour over scanning it all back in to my computer - which is a waste of my resources. 

I had this issue recently with a lawyer - they said they had too much info to send by email. Yet miraculously found a way within 2h. (It would be useful to have hard copies too - but in terms of short-term follow up communication digital is best for me)

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Not completely black and white. ICO says if you ask for the information to be sent in a particula way, in your case electronically, then they should send in that way "if possible". So I suggest making that request firmly.

I would guess if they actually only hold paper copies they'd be with their rIght to decline to scan everything for you. Or they could transcribe just your personal information. 

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It's normally that information is usually given how it is stored.

I.E. if kept physical then physical copies get sent out. If kept digital then digital copies get sent out.

It's the idea that the information you get back is exactly how they keep it and exactly how they hold your data.

It's why you'll quite often see screenshots of CRM systems on SARs and such

We could do with some help from you.

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Hi

There is nothing to stop you asking for the SAR info to be sent Digitally but if they can't do this and can only provide it in paper copies then you may have to accept that as they will still be meeting their SAR Requirements.

You must also remember in asking for it in this Format is if you have already sent your SAR Request and they have responded you will have to accept and extension to that time limit as they have already complied with your SAR Request.

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Ok.  I will contact them to see what they can do.

On a different matter - under same hat - I'm just trying to understand the protocol on vat. 

I'm checking invoices and can see that a self-employed contractor - in a 6m period -  charged £x for his building services - x being more than 2.5 times the vat threshold. 

The paperwork doesn't indicate he was acting as a Ltd Company. 

He didn't charge vat on his invoices. 

He oversaw the labourers.

There is no mention of what he paid his labourers. 

I assume he took his cut out of the total payments? 

What's the position with Hmrc if one invoices/transacts so much over the vat threshold? 

Is the contractor acting ok or unlawfully? 

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