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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.

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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.
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      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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Equity release company demanding payment but one parent stil alive


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A General term on most of these polices......

If your friends father took equity release out with another co-owner, it works on a 'second death' basis. Meaning that the plan does not come to an end until the second owner passes away. You and your partner retain the right to live in the property until the last one of you dies or moves into long-term care.

For plans held in joint names, when one partner dies, it would typically be the surviving plan holder who contacts the lender to let them know. However, you are free to ask another person to do this at this difficult time.

The lender will write to the remaining plan holder requesting that the original death certificate is sent to them. This will typically be returned by recorded delivery. The lender will then note the death and no further action is needed.

The surviving plan holder may continue to live in their home, and the equity release plan will carry on until they pass, or move into long-term care.

 

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I believe the Executor of the estate can deal with the sale....but a lot depends on who the policy is with, the T&Cs and what type of Equity Release plan (Joint Plan) ....which the OP is yet to advise.

 

Andy

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Absolutely....there are numerous details we are still not aware of....was it a joint mortgage....joint equity release plan..reading between the lines from the OPs post and I hope it is an error on behalf of the Equity Release Company...that Mother does not exist ?

 

Im sure Father couldn't hide this fact...but Ive seen stranger things happen.

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I can answer the one about how the Equity Release Company know, the family solicitor told them about the death of the Father and the commital of the Mother.

 

Then they are fully entitled to request payment/sale...as for any extortionate interest being applied then that would have to be checked with the T&Cs of the plan.

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I wouldn't think so T&Cs of the Equity Release Plan always stipulate clearly what will happen at the end of the plan....unless optional cover has been selected to avoid a sale.

 

 

 

 

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If you can get hold of this policy and check.... if its a Lifetime Mortgage there is no requirement to sell anything to the equity release provider, but you will have given them a legal charge over your home (like a mortgage) which will become repayable, together with accrued interest, when either die or move into a care home.

 

If its a Home Reversion Plan you have to sell part or all of your property to the equity release provider. In return, you will receive a lump sum or agreed instalment payments and retain the right to live in the property (rent free) for the rest of your life. Following a death, the property will be sold and the proceeds of sale used to settle your equity release debt.

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They normally use their own in house legal to complete the plans....Lesley60 could you at least try to get the company name then we get their T&Cs to advise .

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We could do with some help from you.

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