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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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Kensington Multiple Repo's + Reclaim fees? **They've lost 5 TIMES NOW**


ananya
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Hi there, I'm sorry to hear you're in this position - it must be a great worry. However, there are things you can do.

 

If you can answer these questions it will help to advise further:

 

1. How many months in arrears are you?

2. Are you now in a position to make regular payments going forward + a small amount on top towards arrears?

3. Do you have any dependent children?

 

You can apply to the court to further suspend possession if you can show that you will be able to maintain payments going forward. The form you need is N244 and can be downloaded from Her Majesty's Courts Service - Home.

 

If you need help with filling in the form I will gladly work with you. If you can get it to your local court as soon as possible you should be able to get an appointment with a judge who will hear your application. The courts are usually very good at getting you a hearing at short notice - I helped someone get a hearing 24 hours before they were due to be evicted, so it can be done.

 

Kind Regards

 

Ell-enn

 

Hi there, I'm sorry to hear you're in this position - it must be a great worry. However, there are things you can do.

 

If you can answer these questions it will help to advise further:

 

1. How many months in arrears are you?

2. Are you now in a position to make regular payments going forward + a small amount on top towards arrears?

3. Do you have any dependent children?

 

You can apply to the court to further suspend possession if you can show that you will be able to maintain payments going forward. The form you need is N244 and can be downloaded from Her Majesty's Courts Service - Home.

 

If you need help with filling in the form I will gladly work with you. If you can get it to your local court as soon as possible you should be able to get an appointment with a judge who will hear your application. The courts are usually very good at getting you a hearing at short notice - I helped someone get a hearing 24 hours before they were due to be evicted, so it can be done.

 

Kind Regards

 

Ell-enn

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Hi there, glad to hear you are feeling more positive. I have to go out this evening, but I will be back in my office from 8am tomorrow morning and I have a copy of the forms there, so will be able to walk you through it then. As you can't do anything until the end of the week, there's no rush - and we have to make sure we get the working right.

 

Regarding re-mortgaging - how long have you been with Kensington and are there any redemption penalties if you move mortgage now?

 

I will post in the morning to let you know I am online.

 

Kind Regards

 

Ell-enn

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Hi there, just to let you know I'm on line if you need help with your form.

 

Ell-enn

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Hi there, OK - Looking at the form, you firstly need to fill in the boxes on the top right hand side - you will get the information from the notice of possession you have been sent by the court.

 

On Part A -

 

1.cross out the I to leave We and also cross out the claimant etc in brackets on the right.

 

2. cross out (a draft of which is attached) and enter the following:

"suspends the warrant for possession"

 

3. because..... we are in a position to make regular payments of £xxx going forward including an amount of £xxx towards the arrears.

 

 

Part B.

 

Cross out the I to leave We and tick the box Evidence in Part C.

 

Sign in the box and cross out Solicitor & litigation in brackets underneath to leave (Applicant)

 

 

On Part C we will attach your income and expenditure form with a paragraph explaining your circumstances and why you are now able to make payments going forward.

 

 

Let me know when you are ready to do that part.

 

Regards

 

Ell-enn

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Hi there, sorry - you need only to tick the box for At A Hearing. Leave the rest blank - the court will deal with that when you hand it in.

 

Regarding the payment order - it would mean £60.00 per month on top of the normal mortgage payment.

 

If you could scan and email the original paperwork that would be great. I have PM'd you my email address as it's best not to post that kind of personal details on the forum. What have you been sent regarding repossession on 22nd January?

 

Kind Regards

 

Ell-enn

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Hi there, did you receive a suspended possession order from the court after judgement in February? this will have the warrant (for possession) number on it - top left hand corner I think.

 

Regards

 

Ell-enn

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Ananya - please don't panic - we are all here to support you and you have a good case for a further suspended possession - although you may not feel it - you are in a better position than some people who are facing repossession without income of any way out of it.

 

You are among hundreds of people who face this every day and most of them don't know where to turn,(I know that doesn't make your situation any better, but it might help to know that this is more common than you think) you have made a good decision in coming on this forum and you will get all the help and support we can possibly give.

 

I'm sure there will be times when you feel despondent, but that's what we are here for - to give you hope and support.

 

Try to stay positive.

 

Kind REgards

 

Ell-enn

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  • 2 weeks later...

You're very welcome Ananya, you've stayed strong and positive and it's paid off in the end.

 

Kind Regards

 

Ell-enn

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  • 3 weeks later...

Hi there, I am having trouble with my Acrobat reader so can't download the fees leaflet from HRMC. If you type in the search box "fees for application from N244" you will get the fees leaflet.

 

However, you say you are registered disabled - do you receive benefits? If so you may be exempt from the fee. It would be a good idea if you were to ring your local court on Wednesday when they re-open and ask. You won't be able to do anything with the form until wed either, but in the meantime you should prepare an income and expenditure form showing what payments you can make. You can download this from National Debtline England & Wales | Personal Budget Sheet

 

You will need to attach this to your application.

 

Please let me know when you are ready to fill in the application and I will help you with the wording.

 

Kind Regards

 

Ell-enn

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you should prepare an income and expenditure form showing what payments you can make. You can download this from National Debtline England & Wales | Personal Budget Sheet

 

You will need to attach this to your application.

 

I think they are in the process of doing this Bona, any other info you might be able to give would be appreciated. I've helped with a couple of these myself, but other people's experiences are always helpful.

 

Kind Regards

 

Ell-enn

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  • 4 years later...

What did you put in your statement for court ? did you enclose a budget sheet plus proof of the payments made and your hubby's new job?

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OK, I can help you with a statement to take to court - have you done a budget sheet ?

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Hi, affixed is the budget sheet we use in these cases, let me know when you have completed it.

It calculates automatically as you fill in the figures.

Budget Sheet.xls

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OK, I will try and get a statement drafted tonight. Would you be able to take it in to the court either tomorrow or thursday ?

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Yes, you can take it with you :) Can you ring the court and ask if there will be any duty legal advisers there on Monday (lots of courts now have them there on possession hearing days) - they can accompany you into the hearing and support your case.

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Hi, can you get proof of the last two payments you have made and also proof of your hubby's new job. If you have any documentary evidence relating to your disability that would be good too.

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Excellent :) you have everything you need. In the meantime, take photocopies of your DLA letter and your hubby's contract & offer letteras we will use them to go with the statement Are you on internet banking? if so you can just print out the mortgage payment transaction for the day they were made and we'll use them with the statement too.

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You'll need 3 copies of everything, I will get the statement written and let you have it as soon as I can.

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Hi Ananya, I have drafted the statement - I will keep checking the thread this afternoon so we can finalise what you need for tomorrow.

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Hi affixed is the statement to take to court - you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) and also where I have put Mr or Mrs XXX in the body of the statement (1st point and also last point) – read it through carefully to make sure all the info is correct When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. On the Budget sheet, proof of payments, your husband's job contract and your proof of disability - you need to write the claim number on the top left hand corner and the Appendix number on the top right hand corner.

 

Appendix 1 – Job contract

Appendix 2 – proof of payments

Appendix 3 – budget sheet

Appendix 4 – proof of disability

 

Affix these appendices to the statement.

 

This forms the pack to take to court. Make sure each pack is stapled securely together. You will need to take 3 copies of the set to court, one for the judge, one for the other side and one for yourself to refer to in the hearing. You should also take a copy of the N244 you submitted so you have everything you need.

 

If you get to the court early you could ask the usher if they can put your statement in front of the judge before the hearing, if they can't do that then when you get into the hearing, wait for the judge to finish his address and then say " Sir (or Madam) please may I give you an updated statement" then just hand it over, hand a copy to the rep for the other side.

Ananya N244 statement.doc

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Do you have a recent statement from them showing charges added to your account ?

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Do you have a previous annual statement ? I'm just trying to see how much of the "arrears" amount they say you owe is made up of charges

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So is the £13,000 of arrears you mentioned in an earlier post - only made up of missed payments ?

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Do you think the arrears are £13k ?

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OK, if the figure differs from that shown in their claim and you don't have an actual breakdown of what is missed payments then I'd leave the reference to the charges in. The judge may order them to send you a complete breakdown of missed payments.

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