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


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    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      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.

      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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      BankFodder

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    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      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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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 :)

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braeworth

braeworth

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Ok Ell-enn. Thanks for your help. It is amazing that there are people like yourself who give up their time to help people they have never met, I cannot express enough our gratitude.

 

I did say to the person I spoke to that, as the mortgage was for less than 150000 and the house was worth about 270000 there was no risk in them giving us a chance to show we could make repayments, he said that was irrelevant.

So we have made a reasonable offer of monthly payment and have lots of equity in the property and none of this is good enough, dont know what they want

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braeworth

braeworth

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Ok Ell-enn. Thanks for your help. It is amazing that there are people like yourself who give up their time to help people they have never met, I cannot express enough our gratitude.

 

I did say to the person I spoke to that, as the mortgage was for less than 150000 and the house was worth about 270000 there was no risk in them giving us a chance to show we could make repayments, he said that was irrelevant.

So we have made a reasonable offer of monthly payment and have lots of equity in the property and none of this is good enough, dont know what they want

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Ell-enn

Ell-enn

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OK, got it and replied

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Ell-enn

Ell-enn

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OK, got it and replied

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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, I have affixed the letter - send by special delivery and keep a copy in your file in case we need to use it with an N244 application.

Braeworth 2nd letter.doc

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Ell-enn

Ell-enn

Posted
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Hi, I have affixed the letter - send by special delivery and keep a copy in your file in case we need to use it with an N244 application.

Braeworth 2nd 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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Ok payment made and letter sent. When I made the payment I unfortunately had to speak to my case handler. I again tried to come to some arrangement but without any success. They said that they wanted the majority of arrears clearing and asked if I had exploered other avenues such as borrowing the money off family and friends. I explained that my father was quite ill and in hospital and that I would not be burdening my parents with that, my wives parents are both dead. I did not think they were allowed to do that.

The person I was speaking to said that they had given us several arrangements, one as recently as February and they were not prepared to make anymore I explained that there were several reasons for us not being able to maintain those arrangements but we were in a stronger position now and confident we can maintian our proposed arrangement. They did not accept this and are still pressing for eviction.

I am now starting to get very worried, they said they have made lots of arrangements and I suppose they will say the same to the court and I am wondering how the court will look at us already having several failed arrangements

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braeworth

braeworth

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Ok payment made and letter sent. When I made the payment I unfortunately had to speak to my case handler. I again tried to come to some arrangement but without any success. They said that they wanted the majority of arrears clearing and asked if I had exploered other avenues such as borrowing the money off family and friends. I explained that my father was quite ill and in hospital and that I would not be burdening my parents with that, my wives parents are both dead. I did not think they were allowed to do that.

The person I was speaking to said that they had given us several arrangements, one as recently as February and they were not prepared to make anymore I explained that there were several reasons for us not being able to maintain those arrangements but we were in a stronger position now and confident we can maintian our proposed arrangement. They did not accept this and are still pressing for eviction.

I am now starting to get very worried, they said they have made lots of arrangements and I suppose they will say the same to the court and I am wondering how the court will look at us already having several failed arrangements

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Ell-enn

Ell-enn

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The judge will only look at your ability to pay from now on. Also, we will inform the judge that they asked you to borrow from family and friends - that is a definite no-no and will not go down well with the judge.

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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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

Posted
Posted

The judge will only look at your ability to pay from now on. Also, we will inform the judge that they asked you to borrow from family and friends - that is a definite no-no and will not go down well with the judge.

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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Ok thanks Ell-enn,

The person I spoke to said that they had instructed their solicitors on the 7th of March to apply for eviction, as yet we have not seen anything, how long do these normally take to come through?

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braeworth

braeworth

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Ok thanks Ell-enn,

The person I spoke to said that they had instructed their solicitors on the 7th of March to apply for eviction, as yet we have not seen anything, how long do these normally take to come through?

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Ell-enn

Ell-enn

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They may be saying that to try and scare you into borrowing money to pay the arrears. If they had instructed their solicitors on 7th March then I'm sure you would have had notification by now. Have you had a letter from their solicitors ? They usually write to say they have applied for an eviction warrant.

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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

Posted
Posted

They may be saying that to try and scare you into borrowing money to pay the arrears. If they had instructed their solicitors on 7th March then I'm sure you would have had notification by now. Have you had a letter from their solicitors ? They usually write to say they have applied for an eviction warrant.

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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You could ring your local court and ask if they have received an application for an eviction warrant.

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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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

Posted
Posted

You could ring your local court and ask if they have received an application for an eviction warrant.

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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