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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.  

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      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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    • 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.

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      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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In Court Tomorrow for Repossession Hearing 12/1/09


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Hi All,

 

Im in arrears with my mortgage with Birmingham Midshires to the tune of £5335.13 (approx 6 months payments) this came about due to marriage breakup and also Im in the building trade and work died off, My payments were £940 per month (interest only) on a mortgage of £152,000.

 

I had basically given up on the house and was just trying to stay here as long as I could before it was repossessed but lately with the interest cuts etc my payment has plummeted down to £526.00 per month as of this month - I can now afford these payments just on my wage alone but seeing as Im in court for the hearing tomorrow morning at 11am is it now too late?

I have done an income and expenditure statement which shows I can afford the new payment plus about £50 -£100 spare which could be used for arrears payment.

I have spoke to Birmingham Midshires and their solicitors Eversheds numerous times and to be honest they have been quite understanding but at the end of the day they need paying!

 

So my main question is - Will I get repossessed tomorrow or is it likely I`ll be gven a chance to carry on and try and clear the arrears in installments - especially if I explain the reasons for the non payments (marriage mess up and being self employed in the building industry)?

 

Do I need to dress up for this hearing? (dont laugh I dont go to court very often!)

 

Any advice on what will happen or what I should say would be very much appreciated!

 

Thanks

Jason

Owed £2696.85 from Lloyds TSB

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Hi All,

 

Im in arrears with my mortgage with Birmingham Midshires to the tune of £5335.13 (approx 6 months payments) this came about due to marriage breakup and also Im in the building trade and work died off, My payments were £940 per month (interest only) on a mortgage of £152,000.

 

I had basically given up on the house and was just trying to stay here as long as I could before it was repossessed but lately with the interest cuts etc my payment has plummeted down to £526.00 per month as of this month - I can now afford these payments just on my wage alone but seeing as Im in court for the hearing tomorrow morning at 11am is it now too late?

I have done an income and expenditure statement which shows I can afford the new payment plus about £50 -£100 spare which could be used for arrears payment.

I have spoke to Birmingham Midshires and their solicitors Eversheds numerous times and to be honest they have been quite understanding but at the end of the day they need paying!

 

So my main question is - Will I get repossessed tomorrow or is it likely I`ll be gven a chance to carry on and try and clear the arrears in installments - especially if I explain the reasons for the non payments (marriage mess up and being self employed in the building industry)?

 

Do I need to dress up for this hearing? (dont laugh I dont go to court very often!)

 

Any advice on what will happen or what I should say would be very much appreciated!

 

Thanks

Jason

Owed £2696.85 from Lloyds TSB

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Hi,I am in court tomorrow also for exactly the same reason,I dont have any experience with court either but i have been given some wonderful advice from Ell-en on here,i am sure she would advise you,Good luck for tomorrow.

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Hi,I am in court tomorrow also for exactly the same reason,I dont have any experience with court either but i have been given some wonderful advice from Ell-en on here,i am sure she would advise you,Good luck for tomorrow.

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Hi there, did you return a defence form? if not you need to do a statement to hand to the judge with your budget sheet. I can help you with that if you can stay on line? - you will need to be able to print it off.

 

Kind Regards

 

Ell-enn

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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, did you return a defence form? if not you need to do a statement to hand to the judge with your budget sheet. I can help you with that if you can stay on line? - you will need to be able to print it off.

 

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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Ah Jeez Im sorry Its now 8am and im in court at 11am and no I never filled in any defence sheet (to my knowledge I never received the light blue multiple page court thing I only got the white single sheet through) - What would I write as a statement? I think I have the income expenditure thing sorted as my girlfriend did it for me (shes an accountant).

I`ll stay online here till just before I leave for court at around 10am

 

Thanks for the replies though and I`ll come back and post on here what happened today as it may help others in this situation

Owed £2696.85 from Lloyds TSB

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Ah Jeez Im sorry Its now 8am and im in court at 11am and no I never filled in any defence sheet (to my knowledge I never received the light blue multiple page court thing I only got the white single sheet through) - What would I write as a statement? I think I have the income expenditure thing sorted as my girlfriend did it for me (shes an accountant).

I`ll stay online here till just before I leave for court at around 10am

 

Thanks for the replies though and I`ll come back and post on here what happened today as it may help others in this situation

Owed £2696.85 from Lloyds TSB

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Is this the first hearing?? If so and you can prove to the court that you can afford the repayments, plus a little towards the arrears each month, the chances are they'll grant a "suspended possession order". That means as long as you keep to the repayment plan, they cannot go for repossession. Stay on line and I'm sure Ell-enn will be back to you soon to help with a statement to take to the court with you. Ell-enn will need to ask you for some figures, so have them all to hand.

 

What time are you online until? When I get into work I'll check again to see how you're doing and if no-one's assisted with a statement, I'll certainly help.

 

I know this is easy for me to say, but try not to worry about the court hearing -- it's not too scarey and the judge, whilst stern, will certainly be on your side!!

 

Best wishes - jaxads

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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Is this the first hearing?? If so and you can prove to the court that you can afford the repayments, plus a little towards the arrears each month, the chances are they'll grant a "suspended possession order". That means as long as you keep to the repayment plan, they cannot go for repossession. Stay on line and I'm sure Ell-enn will be back to you soon to help with a statement to take to the court with you. Ell-enn will need to ask you for some figures, so have them all to hand.

 

What time are you online until? When I get into work I'll check again to see how you're doing and if no-one's assisted with a statement, I'll certainly help.

 

I know this is easy for me to say, but try not to worry about the court hearing -- it's not too scarey and the judge, whilst stern, will certainly be on your side!!

 

Best wishes - jaxads

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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Hi there, I can get a statement done for you in the next half hour but need the following info:

 

Is the mortgage in your name only or joint?

How much are you offering each month towards the arrears in addition to your normal monthly payment?

 

As soon as you answer these questions I can get your statement done.

 

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, I can get a statement done for you in the next half hour but need the following info:

 

Is the mortgage in your name only or joint?

How much are you offering each month towards the arrears in addition to your normal monthly payment?

 

As soon as you answer these questions I can get your statement done.

 

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 Just had to nip out for half an hour and 2 replies when I get back!

I have started writing my own statement this morning but Im sure Ells will be a lot better!

The mortgage is in Joint names

I would be able to offer £50 a month towards arrears maye £100 but it might be a push..

Bitmingham midshires were on the phone last week and were actually helpfull for once .. the guy said to attend court make the proposal etc and that they would probably accept as they realise the property is in negative equity now and they have nothing to gain by taking the house so after the court case If I made 6 payments off the mortgage and 6 payments off the arrears with no hitches then they would just add the arrears to the mortgage so I wouldnt be in arrears anymore.. this sounds ok doesnt it?

Owed £2696.85 from Lloyds TSB

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Hi there Just had to nip out for half an hour and 2 replies when I get back!

I have started writing my own statement this morning but Im sure Ells will be a lot better!

The mortgage is in Joint names

I would be able to offer £50 a month towards arrears maye £100 but it might be a push..

Bitmingham midshires were on the phone last week and were actually helpfull for once .. the guy said to attend court make the proposal etc and that they would probably accept as they realise the property is in negative equity now and they have nothing to gain by taking the house so after the court case If I made 6 payments off the mortgage and 6 payments off the arrears with no hitches then they would just add the arrears to the mortgage so I wouldnt be in arrears anymore.. this sounds ok doesnt it?

Owed £2696.85 from Lloyds TSB

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Hi Morganator, best of luck, fingers crossed for 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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Hi Morganator, best of luck, fingers crossed for 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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Cheers - I`ll be stting off in about half an hour to the fair city of Durham I`ll come back on here by about 1pm and let you know how it went

 

I`ve attached the statement I`ll be taking with me - probably too late now if theres any glaring mistakes but I`d appreciate any quick replies!

Consumerforums court statement.doc

Owed £2696.85 from Lloyds TSB

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Cheers - I`ll be stting off in about half an hour to the fair city of Durham I`ll come back on here by about 1pm and let you know how it went

 

I`ve attached the statement I`ll be taking with me - probably too late now if theres any glaring mistakes but I`d appreciate any quick replies!

Consumerforums court statement.doc

Owed £2696.85 from Lloyds TSB

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Cheers - I`ll be stting off in about half an hour to the fair city of Durham I`ll come back on here by about 1pm and let you know how it went

 

I`ve attached the statement I`ll be taking with me - probably too late now if theres any glaring mistakes but I`d appreciate any quick replies!

 

Good luck

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Cheers - I`ll be stting off in about half an hour to the fair city of Durham I`ll come back on here by about 1pm and let you know how it went

 

I`ve attached the statement I`ll be taking with me - probably too late now if theres any glaring mistakes but I`d appreciate any quick replies!

 

Good luck

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Hi Morganator - statement looks to have covered everything.

 

I'm sure you'll be fine - best wishes.

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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Hi Morganator - statement looks to have covered everything.

 

I'm sure you'll be fine - best wishes.

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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Hope it all went ok for you

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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