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      If you are buying a used car – you need to read this survival guide.
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    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      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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      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

GE Money seeking repossession - **WON 3 Times NOW**

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braeworth

braeworth

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We had a suspended possession order about 3 years ago where we ordered to pay the monthly mortgage + 100 pounds per month.

We pretty much did this but missing the odd payment. My wife and I temporarily separated last year and due to the costs of living apart we got into a little difficulty, although we are now back together. We have not paid the mortgage since the 10th of December.

Received a letter from GE money on Friday saying that we are 4100 pounds in arrears and they are seeking a bailiffs appointment.

 

I rang GE money yesterday to make an offer of two monthly payments(2 x 788) this month followed by monthly payments of 788 + 150 off arrears each month after that. They said that the arrears were 4100 and there were 2000 pounds of charges and additional interest and they would be looking for most of that to be cleared to stop the action. I was told that my case handler will not be in until Monday and they will put my proposal to them then but it is unlikely it will be accepted. They said I should try and come up with other options and have a completed income/expenditure form completed when I ring them tomorrow.

To stop the action can they ask for the additional charges or just the arrears?

 

The total outstanding mortgage is 148,000 and the house is worth approx 250,000

 

Please help. I cant sleep, we have a teenage daughter who starts her GCSE exams next month and if we are evicted we have nowhere to go.

 

If they would accept my offer I am sure we can now maintain the payments but they dont seem very cooperative.

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braeworth

braeworth

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We had a suspended possession order about 3 years ago where we ordered to pay the monthly mortgage + 100 pounds per month.

We pretty much did this but missing the odd payment. My wife and I temporarily separated last year and due to the costs of living apart we got into a little difficulty, although we are now back together. We have not paid the mortgage since the 10th of December.

Received a letter from GE money on Friday saying that we are 4100 pounds in arrears and they are seeking a bailiffs appointment.

 

I rang GE money yesterday to make an offer of two monthly payments(2 x 788) this month followed by monthly payments of 788 + 150 off arrears each month after that. They said that the arrears were 4100 and there were 2000 pounds of charges and additional interest and they would be looking for most of that to be cleared to stop the action. I was told that my case handler will not be in until Monday and they will put my proposal to them then but it is unlikely it will be accepted. They said I should try and come up with other options and have a completed income/expenditure form completed when I ring them tomorrow.

To stop the action can they ask for the additional charges or just the arrears?

 

The total outstanding mortgage is 148,000 and the house is worth approx 250,000

 

Please help. I cant sleep, we have a teenage daughter who starts her GCSE exams next month and if we are evicted we have nowhere to go.

 

If they would accept my offer I am sure we can now maintain the payments but they dont seem very cooperative.

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Ell-enn

Ell-enn

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Hi there, you need to put your offer to them in writing asap. I can help you with a letter if you need me to. I have affixed the budget sheet we normally use - it calculates automatically as you fill it in. Send a copy of that with the letter.

 

If you can mail it tomorrow by special delivery they should get it Tuesday. It's best to keep everything in writing so you don't get bullied into making offers on the phone that you may not be able to keep to. Keep the postal receipt safe so you can check on the royalmail website in a few days to print off the siganture receipt and staple it to your copy of the letter.

 

We can use the copy letter in your defence to court if they do issue an eviction warrant and it will show the judge you have tried to come to an arrangement.

 

They cannot ask you to pay the charges to stop eviction, and we would bring that to the attention of the judge in your defence also.

Budget Sheet.xls

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Ell-enn

Ell-enn

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Hi there, you need to put your offer to them in writing asap. I can help you with a letter if you need me to. I have affixed the budget sheet we normally use - it calculates automatically as you fill it in. Send a copy of that with the letter.

 

If you can mail it tomorrow by special delivery they should get it Tuesday. It's best to keep everything in writing so you don't get bullied into making offers on the phone that you may not be able to keep to. Keep the postal receipt safe so you can check on the royalmail website in a few days to print off the siganture receipt and staple it to your copy of the letter.

 

We can use the copy letter in your defence to court if they do issue an eviction warrant and it will show the judge you have tried to come to an arrangement.

 

They cannot ask you to pay the charges to stop eviction, and we would bring that to the attention of the judge in your defence also.

Budget Sheet.xls

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braeworth

braeworth

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Thanks Ell-enn,

 

I am filling out the budget sheet but being a bit stupid, we have a secured loan of 231 pounds a month which box do I put that in? How much income should I have left at the end, I know I am trying to prove I can maintain the payments but also dont want too much disposable income left that they try and up the payments

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braeworth

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Thanks Ell-enn,

 

I am filling out the budget sheet but being a bit stupid, we have a secured loan of 231 pounds a month which box do I put that in? How much income should I have left at the end, I know I am trying to prove I can maintain the payments but also dont want too much disposable income left that they try and up the payments

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braeworth

braeworth

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Sorry Ell-enn,

 

Forgot to say if you could help me draft the letter that would be great, I am not very good at this stuff.

 

We really do appreciate your help, neither of us can really eat or sleep very well at the moment because of the worry

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braeworth

braeworth

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Sorry Ell-enn,

 

Forgot to say if you could help me draft the letter that would be great, I am not very good at this stuff.

 

We really do appreciate your help, neither of us can really eat or sleep very well at the moment because of the worry

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Ell-enn

Ell-enn

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Hi, I'll affix the letter shortly. Re the budget sheet - on the second line in Step 2 - remove Rent and type in Secured Loan.

In step 4 enter the amount of the arrears and the figure you are offering to pay each month towards them. Then work all your figures around that.

 

I understand it is a very stressful time for you right now, but if you can show the judge that you have an income and can afford the payments each month then there is no way you will lose your home.

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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Ell-enn

Ell-enn

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Hi, I'll affix the letter shortly. Re the budget sheet - on the second line in Step 2 - remove Rent and type in Secured Loan.

In step 4 enter the amount of the arrears and the figure you are offering to pay each month towards them. Then work all your figures around that.

 

I understand it is a very stressful time for you right now, but if you can show the judge that you have an income and can afford the payments each month then there is no way you will lose your home.

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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Ell-enn

Ell-enn

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Hi, letter affixed. Remember to keep a copy and send by special delivery tomorrow. Also make sure you print off the signature receipt and staple to the copy letter in case we need to use it in a defence.

Braeworth letter.doc

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

 

 

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Ell-enn

Ell-enn

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Hi, letter affixed. Remember to keep a copy and send by special delivery tomorrow. Also make sure you print off the signature receipt and staple to the copy letter in case we need to use it in a defence.

Braeworth letter.doc

Help us to keep on helping

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

 

 

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braeworth

braeworth

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Ell-enn,

 

I really do appreciate you taking time out of your weekend to help me. One thing I forgot to mention, when I spoke to GE yesterday, they said they had made several arrangements with us but we had failed to stick to them. This was when we were experiencing difficulties and we always seemed to be pushed into agreeing something we couldnt afford at the time. Dont know if this affects the draft letter you sent

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braeworth

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Ell-enn,

 

I really do appreciate you taking time out of your weekend to help me. One thing I forgot to mention, when I spoke to GE yesterday, they said they had made several arrangements with us but we had failed to stick to them. This was when we were experiencing difficulties and we always seemed to be pushed into agreeing something we couldnt afford at the time. Dont know if this affects the draft letter you sent

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Ell-enn

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I have sent you a pm

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Ell-enn

Ell-enn

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I have sent you a pm

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

 

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braeworth

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GE rang me today to say they would be rejecting our offer. They said I should consider increasing my offer. I said I had made what I considered to be a reasonable offer and had enclosed my income/expenditure.

GE said they did not dispute my ongoing offer it was the initial payment that was not acceptable and I should have a think about increasing it.

I cannot afford to increase that initial offer and told them that but they said they were not prepared to stop the eviction proceedings.

 

Advice appreciated please. Where do I go from here. I was hoping to avoid having to go to court and risk losing our home

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braeworth

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GE rang me today to say they would be rejecting our offer. They said I should consider increasing my offer. I said I had made what I considered to be a reasonable offer and had enclosed my income/expenditure.

GE said they did not dispute my ongoing offer it was the initial payment that was not acceptable and I should have a think about increasing it.

I cannot afford to increase that initial offer and told them that but they said they were not prepared to stop the eviction proceedings.

 

Advice appreciated please. Where do I go from here. I was hoping to avoid having to go to court and risk losing our home

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Ell-enn

Ell-enn

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Hi there, your arrears are not a large sum compared to a lot of cases and GE are just being awkward. They can't ask for the charges as well as the arrears and they know that - they just hope you don't know it ! If they do issue an eviction warrant we can enter an N244 form at court asking for a hearing before the judge and I'm certain he will agree to your offer of payment.

 

When were you planning on making the initial payment?

Help us to keep on helping

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

 

 

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Ell-enn

Ell-enn

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Hi there, your arrears are not a large sum compared to a lot of cases and GE are just being awkward. They can't ask for the charges as well as the arrears and they know that - they just hope you don't know it ! If they do issue an eviction warrant we can enter an N244 form at court asking for a hearing before the judge and I'm certain he will agree to your offer of payment.

 

When were you planning on making the initial payment?

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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braeworth

braeworth

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Hi Ell-enn,

 

I will be making the initial payment on Wednesday. The person I spoke to said that on the 31st another payment will fall due so my initial payment is only covering that payment of just under £800 plus one additional one and this was not enough.

 

I did think about trying to up my initial payment to £2000, we could probably manage it on Wednesday but it would be a struggle. This would mean as our monthly payment is only £800, as of Wedneday we would not be even 3 months in arrears and I think I am right in thinking that if that was the case originally they could not have applied for the possession order. Let me know what you think as when the payment falls due on the 31st this would take us over the 3 months again but still under 4

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braeworth

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Hi Ell-enn,

 

I will be making the initial payment on Wednesday. The person I spoke to said that on the 31st another payment will fall due so my initial payment is only covering that payment of just under £800 plus one additional one and this was not enough.

 

I did think about trying to up my initial payment to £2000, we could probably manage it on Wednesday but it would be a struggle. This would mean as our monthly payment is only £800, as of Wedneday we would not be even 3 months in arrears and I think I am right in thinking that if that was the case originally they could not have applied for the possession order. Let me know what you think as when the payment falls due on the 31st this would take us over the 3 months again but still under 4

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Ell-enn

Ell-enn

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Hi there, to be honest I wouldn't increase the payment on Wednesday if it means you will struggle. Stick to your guns - there is no way a judge would order eviction given the level of your arrears and the fact that you have the ability to pay. GE are pushing their luck by trying to blackmail you into making a larger payment - a judge would not be best pleased with them.

 

Try not to worry too much, you won't lose your home and if you need to defend any eviction we can help you do that :)

Help us to keep on helping

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

 

 

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