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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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My Mortgage Fees Were Refunded!!!!!!!!


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Hi Dashngail,

 

Not good news I'm afraid.

 

According to Bankfodder there does not appear to be any firm rules as to time limits the setting aside. There have been people on this forum who have set judgments aside as late as five months after the judgment was given. The main governing principle is the "Overriding Objective". By and large it seems that anybody who's got a half reasonable excuse will manage to get a set aside. Although one has to show that one was not aware of the claim and also that one has a chance of succeeding, the most important part is the chance of success.

 

Bankfodder doesn't know of any case in this campaign where a set aside application either by a User or by a bank has been refused.

 

Unfortunately you made a mistake in telephoning the bank to ask them where the money was.

 

Advice from BF as to the best procedure after any default judgement is not to contact the bank but merely to move to a warrant of execution within two or three days. Although the bank will still apply for the set-aside, it causes embarrassment for them to have to try and call off the bailiffs.Unfortunately many people who get default judgments want to contact the bank quickly without realising how much this hands their advantage over to the bank.

 

Unfortunately this is a little late for you but hopefully others can learn. So it looks as if you could be in for the long haul.

 

All the best

 

Zoot

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lol, yeah your right. the man on the phone said they have a good case against us because we knew when we signed about the early repayment charge, i am worried because their deadline is thursday!,how much longer can it go on after that?

 

Which deadline Gina?

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they have a good case against us because we knew when we signed about the early repayment charge

 

If thats all they can come up with there's nothing to fear. In all the cases on penalty clauses the claimants have known and agreed to the term, but contract law does not allow a defendant to profit from the claimant's breach.

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Can somone please advise me here, I had a morgage with abbey national, which was a 10 year fixed rate at 7.9%, endownment mortgage, we kept getting letters from abbey stating we were going to owe thousands as our endownment was going as predicted. we couldn't afford to keep upping our endownment payments, so asked abbey if we could switch to a repayment mortgage, this was 6 years into the 10 years of fixed rate, abbey let us do this, but charged us £500 to do it, and £3600 early redemption, The £500 we had to pay upfront, the £3600 they added onto our new mortgage with them. Can I claim back the redemption even though there were 4 years left? Also with the new mortgage, we got into finacial difficulties, and were charged for late/missed payments and charged £35 for them to send us letters,( as if we didn't know we had missed our payment!) we are now back on track, as was wondering can we claim back the charges on the new mortgage? Any help would be appreciated. Thanks

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Can somone please advise me here, I had a morgage with abbey national, which was a 10 year fixed rate at 7.9%, endownment mortgage, we kept getting letters from abbey stating we were going to owe thousands as our endownment was going as predicted. we couldn't afford to keep upping our endownment payments, so asked abbey if we could switch to a repayment mortgage, this was 6 years into the 10 years of fixed rate, abbey let us do this, but charged us £500 to do it, and £3600 early redemption, The £500 we had to pay upfront, the £3600 they added onto our new mortgage with them. Can I claim back the redemption even though there were 4 years left? Also with the new mortgage, we got into finacial difficulties, and were charged for late/missed payments and charged £35 for them to send us letters,( as if we didn't know we had missed our payment!) we are now back on track, as was wondering can we claim back the charges on the new mortgage? Any help would be appreciated. Thanks

 

Yes you can claim back the ERC and the late charges etc. Not sure about the £500, and it may be worth investignating a mis selling on the endowment front. Don't really know any thing about that either. But why did you ahve to have a new mortgage why didn't they just adjust your payments?

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Can somone please advise me here, I had a morgage with abbey national, which was a 10 year fixed rate at 7.9%, endownment mortgage, we kept getting letters from abbey stating we were going to owe thousands as our endownment was going as predicted. we couldn't afford to keep upping our endownment payments, so asked abbey if we could switch to a repayment mortgage, this was 6 years into the 10 years of fixed rate, abbey let us do this, but charged us £500 to do it, and £3600 early redemption, The £500 we had to pay upfront, the £3600 they added onto our new mortgage with them. Can I claim back the redemption even though there were 4 years left? Also with the new mortgage, we got into finacial difficulties, and were charged for late/missed payments and charged £35 for them to send us letters,( as if we didn't know we had missed our payment!) we are now back on track, as was wondering can we claim back the charges on the new mortgage? Any help would be appreciated. Thanks

 

 

Danmartin

 

May be worth reading the letter I put together for GMAC see here and adapting it to suit your circumstances, although if there were 4 years say left of a fixed term mortgage you may have to take advice on that, but the ERC's I would certainly be having discussions about.

 

Chris

Chrismc v Vertex Data Science Ltd

SD Set Aside WON + Costs

 

 

Chrismc v Barclays

Won - Settlement Agreed at 11th Hour.

 

Philips Bailiffs

Lost - Judge changed at last minute, it didn't help!

 

G-MAC Early Redemption Charges Waived

Won - Early Redemtion Fees Waived in Full.

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Actually already done the mis selling on the endowment, and won it 2 years ago, I was sent a goverment paper and filled it in. Had to have a new mortgage, because I went from a interest only, endowment morgage, to a repayment morgage, the endowment after 5 years of having it was showing that we would still owe £37,000.00 at the end of our mortagage term and this was rising. We wanted out, and contacted Abbey, that sorted out the new mortgage on a repayment. We also wanted out of the 7.9 fixed rate, as the rate had dropped to 4% and we were paying double!

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Just one more quick question, with Abbey when I send for a S.A.R, can I send just one payment of £10 for the 3 accounts I have/had with them, (ie my closed mortgage account, the one with the redemption, my new mortgage account, with late payment fees, and also I have a loan with them, which I believe I have late payment and letter fees on) Also on the closed account, can I ask for the details 6 years prior to it closing, or is it just the last 6 years from now? Sorry to be a pain

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Just one more quick question, with Abbey when I send for a S.A.R, can I send just one payment of £10 for the 3 accounts I have/had with them, (ie my closed mortgage account, the one with the redemption, my new mortgage account, with late payment fees, and also I have a loan with them, which I believe I have late payment and letter fees on) Also on the closed account, can I ask for the details 6 years prior to it closing, or is it just the last 6 years from now? Sorry to be a pain

 

Subject Access request - all info they hold on you - no time limit. Put all three account numbers on SAR - and now is prob a good time to start your own thread.

Consumer Health Forums - where you can discuss any health or relationship matters.

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lol, yeah your right. the man on the phone said they have a good case against us because we knew when we signed about the early repayment charge, i am worried because their deadline is thursday!,how much longer can it go on after that?

 

Any news yet Gina?

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hi, no still nothing the 28 days ran out on thursday what do i do now?, when i spoke to them on the phone last week they said ,they would be going to court so do i just leave it until i get a letter? and then what happens, im really not sure as have never taken a claim this far.

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Hi Gina,

 

It looks like they must have submitted a defence. The court form will be your allocation questionnaire. See here for guidance on how to fill in.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

The Halifax did not defend my claim. You should receive their defence in the next few days and may want to hold off sending the allocation questionnaire until you have seen the defence. You will have to pay the fee.

 

You might want to start your own thread in the mortgage forum and post your defence when you receive it.

 

All the best

 

Zoot

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