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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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ge money help!


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we recieved the court papers today im going to get them filled out and sent back , and also going to try and see someone at the CAB to see what they suggest the court date is 25th feb , never been in this situation before so im a bit puzzled to what to do , we are going to go to court we werent going to but i think it will be best, ive made my first payment today and there will have been another payment made before it goes to court , the arrears are around £1900 or they were before i made the payment today they are now £1635 and by the time we go to court they will be £1370 im just not looking forward to it

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we recieved the court papers today im going to get them filled out and sent back , and also going to try and see someone at the CAB to see what they suggest the court date is 25th feb , never been in this situation before so im a bit puzzled to what to do , we are going to go to court we werent going to but i think it will be best, ive made my first payment today and there will have been another payment made before it goes to court , the arrears are around £1900 or they were before i made the payment today they are now £1635 and by the time we go to court they will be £1370 im just not looking forward to it

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If there's any way possible you could reduce the arrears to a really low amount (I know its not easy and sometime impossible) they may adjourn. I'm still trying my best to get away from this lot!!!! the very best of luck to you.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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If there's any way possible you could reduce the arrears to a really low amount (I know its not easy and sometime impossible) they may adjourn. I'm still trying my best to get away from this lot!!!! the very best of luck to you.

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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i wish there was but we cant really afford what we are paying never mind anymore , i might try and pay a bit more next month depending on what hubby gets paid. id clear the lot tomorrow if i could but its just not possible

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i wish there was but we cant really afford what we are paying never mind anymore , i might try and pay a bit more next month depending on what hubby gets paid. id clear the lot tomorrow if i could but its just not possible

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Try not to worry:) - possession hearings are not that threatening, court staff are (in my experience) usually quite helpful and should be able to direct you to the correct waiting room. When you get there make sure you book in with the usher (to make sure you get called when it's your turn!) and if there is a CAB advisor or similar available I would recommend you approach them for assistance and/or representation.

The rep from GE is quite likely to approach you and may well be quite intimidating (this is why it helps to go to get CAB assistance if they are there). Do not be talked into offering more than you can afford and ignore them if they tell you you've got no chance of getting the order you are looking for. They may also suggest it's easier to agree something with them rather than have a battle in Court - again, ignore them.

The hearing is normally in chambers (a relatively small room which is allocated to a particular Judge) and it will just be you, the judge and the representative from GE (usually someone from legal representation agency no an actual employee). The Judge will ask for the case from the rep (who will give figures and request an order) then ask for your proposals. I would recommend addressing the Judge as Sir/Madam but not Your Honour (that's for Judges much further up the food chain!) try to explain clearly and answer any questions put to you. The Judge will try to make things easy for you to understand (if you didn't understand what was going on it would be grounds to set a judgment aside anyway) and is usually sympathetic on a first appearance. You won't be cross-examined by the other side but they may challenge your proposal by addressing the Judge.

The Judge will then weigh up the requests from both sides before making the order. They will consider the risk to the mortgage lender (how much equity they have available and how likely you are to pay) versus the detriment to you of losing your home.

 

I hope this helps give an idea of what to expect.

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Try not to worry:) - possession hearings are not that threatening, court staff are (in my experience) usually quite helpful and should be able to direct you to the correct waiting room. When you get there make sure you book in with the usher (to make sure you get called when it's your turn!) and if there is a CAB advisor or similar available I would recommend you approach them for assistance and/or representation.

The rep from GE is quite likely to approach you and may well be quite intimidating (this is why it helps to go to get CAB assistance if they are there). Do not be talked into offering more than you can afford and ignore them if they tell you you've got no chance of getting the order you are looking for. They may also suggest it's easier to agree something with them rather than have a battle in Court - again, ignore them.

The hearing is normally in chambers (a relatively small room which is allocated to a particular Judge) and it will just be you, the judge and the representative from GE (usually someone from legal representation agency no an actual employee). The Judge will ask for the case from the rep (who will give figures and request an order) then ask for your proposals. I would recommend addressing the Judge as Sir/Madam but not Your Honour (that's for Judges much further up the food chain!) try to explain clearly and answer any questions put to you. The Judge will try to make things easy for you to understand (if you didn't understand what was going on it would be grounds to set a judgment aside anyway) and is usually sympathetic on a first appearance. You won't be cross-examined by the other side but they may challenge your proposal by addressing the Judge.

The Judge will then weigh up the requests from both sides before making the order. They will consider the risk to the mortgage lender (how much equity they have available and how likely you are to pay) versus the detriment to you of losing your home.

 

I hope this helps give an idea of what to expect.

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thanks for that:-| it still sounds scary, im going to go to the CAB on thursday for some advice and to see if i can get someone to come with us.my step mum is a court usher at the court its at, ill ask her what to expect. ill also take the letter i recieved from ge money accepting my repayment proposals and that they were going to instruct their solicitors to go for a suspended possesion order

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thanks for that:-| it still sounds scary, im going to go to the CAB on thursday for some advice and to see if i can get someone to come with us.my step mum is a court usher at the court its at, ill ask her what to expect. ill also take the letter i recieved from ge money accepting my repayment proposals and that they were going to instruct their solicitors to go for a suspended possesion order

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  • 2 weeks later...

im wondering wether it will be worth while writing to GE money and asking if we can pay a lower amount off the arrears , if i make another payment of what i originally agreed and then after that see if we can reduce it slightly, at the moment we are paying an extra £260 a month on top of our normal monthly payment and its too much , what the normal lenghth of time they will allow for you to pay the arrears off or should i say acceptable in their eyes

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im wondering wether it will be worth while writing to GE money and asking if we can pay a lower amount off the arrears , if i make another payment of what i originally agreed and then after that see if we can reduce it slightly, at the moment we are paying an extra £260 a month on top of our normal monthly payment and its too much , what the normal lenghth of time they will allow for you to pay the arrears off or should i say acceptable in their eyes

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im wondering wether it will be worth while writing to GE money and asking if we can pay a lower amount off the arrears ,

 

Absolutely.

And do it sooner rather than later.

Offer £50 p/m and ask if they would consider giving you a payment break.

 

A suspended possession order is not the end of the world.

You will get your chance to speak to the judge, and there you can offer what you can AFFORD..

Thats the important bit.

 

£1370 arrears divided by 24 months.= £57.09p PCM (Sorted)

 

Please try not to worry.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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im wondering wether it will be worth while writing to GE money and asking if we can pay a lower amount off the arrears ,

 

Absolutely.

And do it sooner rather than later.

Offer £50 p/m and ask if they would consider giving you a payment break.

 

A suspended possession order is not the end of the world.

You will get your chance to speak to the judge, and there you can offer what you can AFFORD..

Thats the important bit.

 

£1370 arrears divided by 24 months.= £57.09p PCM (Sorted)

 

Please try not to worry.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Hi there, TonyC is right, if you can negotiate with GE before the hearing (make sure you get them to confirm it in writing), it will help your case. Also the fact that you have been making payments while all this has been going on will be looked on favourably by the court.

 

Have you been to the CAB yet? they would be able to help you negotiate and also fill in the defence papers for the court. It is important you give as much detail as possible on the forms and put forward a reasonable payment plan that you can afford.

 

Please let us know if you need any further help and as TC says try not to worry too much. While it may not feel like it, you are in a better position than some people who are facing the same possession action. Judges do not want to take houses from people who have every chance of paying the arrears and an offer to pay over 24 months will, I am sure, be accepted, but you do need to attend court to make sure you put the best possible defence across.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there, TonyC is right, if you can negotiate with GE before the hearing (make sure you get them to confirm it in writing), it will help your case. Also the fact that you have been making payments while all this has been going on will be looked on favourably by the court.

 

Have you been to the CAB yet? they would be able to help you negotiate and also fill in the defence papers for the court. It is important you give as much detail as possible on the forms and put forward a reasonable payment plan that you can afford.

 

Please let us know if you need any further help and as TC says try not to worry too much. While it may not feel like it, you are in a better position than some people who are facing the same possession action. Judges do not want to take houses from people who have every chance of paying the arrears and an offer to pay over 24 months will, I am sure, be accepted, but you do need to attend court to make sure you put the best possible defence across.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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the cheek of it! we recieved a letter today from GE money stating that the offer of payment we made is still insufficent and that they required a higher offer or instead of getting a suspended possession order when it went to court they would go for absoloute possession. bearing in mind i have already set up an agreement (which is £266) on top of our morgage and would mean the arrears are paid off by august, and i have in writing from them a copy of this arrangement. i panicked when i read the letter so i rang them up , the man i spoke to couldn't understand why i was sent the letter, and advised me to take the arrangment letter with me when we go to court and not to worry and that there solicitors had been advised by them to go for a suspended possession order anyway

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the cheek of it! we recieved a letter today from GE money stating that the offer of payment we made is still insufficent and that they required a higher offer or instead of getting a suspended possession order when it went to court they would go for absoloute possession. bearing in mind i have already set up an agreement (which is £266) on top of our morgage and would mean the arrears are paid off by august, and i have in writing from them a copy of this arrangement. i panicked when i read the letter so i rang them up , the man i spoke to couldn't understand why i was sent the letter, and advised me to take the arrangment letter with me when we go to court and not to worry and that there solicitors had been advised by them to go for a suspended possession order anyway

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They will get their "suspended" possession order in court. Make no mistakes about that.

What you have to agree with the judge is, how much can you genuinely afford to pay extra each month.

If you show him the arrangement latter of £266 he will ask you about it.

 

DO NOT OFFER MORE THAN YOU CAN AFFORD.

 

This is very important.

Once you have done this, the judge will order the suspension based on it.

If you keep up the payments, there is nothing GE or anybody can do about it.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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They will get their "suspended" possession order in court. Make no mistakes about that.

What you have to agree with the judge is, how much can you genuinely afford to pay extra each month.

If you show him the arrangement latter of £266 he will ask you about it.

 

DO NOT OFFER MORE THAN YOU CAN AFFORD.

 

This is very important.

Once you have done this, the judge will order the suspension based on it.

If you keep up the payments, there is nothing GE or anybody can do about it.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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They will get their "suspended" possession order in court. Make no mistakes about that.

What you have to agree with the judge is, how much can you genuinely afford to pay extra each month.

If you show him the arrangement latter of £266 he will ask you about it.

 

DO NOT OFFER MORE THAN YOU CAN AFFORD.

 

This is very important.

Once you have done this, the judge will order the suspension based on it.

If you keep up the payments, there is nothing GE or anybody can do about it.

 

 

 

 

so i could offer less than the £266 to the judge? the only reason i offered so much was because i panicked when i recieved the court letter, and new ge money would accept it

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They will get their "suspended" possession order in court. Make no mistakes about that.

What you have to agree with the judge is, how much can you genuinely afford to pay extra each month.

If you show him the arrangement latter of £266 he will ask you about it.

 

DO NOT OFFER MORE THAN YOU CAN AFFORD.

 

This is very important.

Once you have done this, the judge will order the suspension based on it.

If you keep up the payments, there is nothing GE or anybody can do about it.

 

 

 

 

so i could offer less than the £266 to the judge? the only reason i offered so much was because i panicked when i recieved the court letter, and new ge money would accept it

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If you do an income and expenditure sheet to show the judge how much you can really afford he should rule in your favour. Take three copies with you, one for you, the judge and the "opposition". Explain to the judge exactly what you have said here - that you panicked when talking to GE on the phone and felt pressured into offering more than you can afford. The CAB should be able to help you with the I& E form or there is one you can download from the national debtline website.

 

Let us know if you need any help.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If you do an income and expenditure sheet to show the judge how much you can really afford he should rule in your favour. Take three copies with you, one for you, the judge and the "opposition". Explain to the judge exactly what you have said here - that you panicked when talking to GE on the phone and felt pressured into offering more than you can afford. The CAB should be able to help you with the I& E form or there is one you can download from the national debtline website.

 

Let us know if you need any help.

 

Kind Regards

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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