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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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advice need ,don`t know what to do


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Hi there, yes the letter regarding looking into his war pension and any correspondence you have that mentions his disability claim.

 

You really need to be getting that form to the court asap as you need to get a hearing next week. Hand deliver it to the court and ask them to copy it for you.

 

Kind Regards

 

Ell-enn

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I will send you details of the Norgan case and the Civil Justice Council Paper later so you know what you are quoting in your statement.

 

can you send me that please Ell-enn :)

 

i need to go back to work for a few hrs now but will be back tonight online about 10ish will you still be around

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Hi there, I won't be back on line again until tomorrow morning. Affixed is the text for Q27 of your BH form - you will see there is an Appendix 1 to affix.

 

We can then do an up to date statement for you to take to court showing payments you have made between now and then etc. plus any other correspondence you might have received regarding benefits/pension etc.

 

I will send you the Norgan CJCP stuff in the morning - you don't put that into court with your forms, it's just for you to read before the hearing.

 

Ell-enn

Sugg Q 27 Blackhorse.doc

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Hi ,Can anyone tell me what happens tomorrow when we go to court and take in the N244 form.

 

Here's hoping all goes well for you Sugg1. Ell-enn is a godsend

 

Thanks worried ,hope it does and yes she sure is a godsend :)

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Hi there, when you take the N244 to court, you pay the £35.00 fee (take the eviction notice with you to prove you get the reduced fee). They will then give you a date and time for the hearing. Take a photocopy of the N244 form & attatchments before you go - the court staff will sometimes copy it for you, but better to be safe - you need a copy for yourselves.

 

 

The BH forms just get handed in - take a photocopy before you go so you know what you've said.

 

Ell-enn

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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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Just had our post arrive and had a letter from the court to say the date is the 16th oct at 10am.

so that would give us a couple of hrs to move out if we lose.

 

We were told by the court when we went in the other day that it would be the 10/10/2008 at 10am and the lady even laughted and said look all the 10`s

 

Why have they now moved it to the 16th ,the ordinal hearing was ment to be at 1pm.

 

Hubby is having chest pains now ,which he does when he is worried ,stressed ect.

when we had got the date for the 10th he calmed down saying well least we have a few extra days ,but now its only 2 hrs.

 

do i phone the court and ask why its been changed

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Hi there, I would certainly ring the court and ask.

 

Try not to worry too much, you can show you are able to make payments, you won't be evicted.

 

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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please dont worry im sure that all will be well I had hearings just hours before the eviction time, the bayliff wont attend untill he heaars what the court say even if they run lte so dont worry we had ours suspended several times right at the last minute

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GOOD NEWS

 

hubby phoned the court after i had gone back out to work ,and they said it was their mistake and that it was the 10/10/08 at 10am and not 10am on the 16th as the letter said.

 

they are sending out another letter with correct time and date (phew).

 

Wow Bona that must have been a worry ,and thanks to everyone here i am feeling a lot calmer and so his hubby.

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Been to court this morning.

 

OMG we hung on by the skin of our teeth and only because SPML never turned up ,the judge said that if they had turned up he would have evicted us ,we were so scared.

 

He did mention about cancelling the hearing ,but then decided to carry on.

He said to hubby sorry to hear that you have been ill.

 

He then asked how much the arrears were so we had to look at the letters from capstone to let him know.

he asked how much we could pay on top of the monthly payments and we said £50 he then worked it out and said in a shocked voice that would take you 9 years to pay off the arrears.

 

i was sitting there thinking we are going to lose this and was nearly in tears.

he asked when the next full payment would be made and informed him that it would be next friday the 19th.

 

he then flicked threw the paper work we had dropped in last week ,because it was very clear to us that he had not read any off it before hand and said ok i supsenned it.

 

We said that you and came out.

 

like i say we just held on to the house and if capstone had turned up we would have lost.

 

i am just extremely worried for the 21st oct now for the blackhorse loan because if its the same judge we are sunk for sure.

 

I am still in shock and feeling very numb right now.

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OMG, the whole point of taking your defence into court beforehand is so the judge can read it before the hearing!!! I think you've been very unlucky this morning, but at least the repo was suspended.

 

Even if it is the same judge, he should only work on the facts given to him - in any case the Blackhorse hearing is a first stage application by the lender, it would be VERY unusual for them to get possession at that stage.

 

Were there any CAB or legal advisors at court this morning who could have accompanied you into the hearing?

 

Try not to worry too much, at the end of the day you have kept your home.

 

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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Dont panic are you sure it is the same judge will he have the same paperwork because nothing will have changed is Black horse a possession order hearing or a suspension

 

Well done

 

 

Bona

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The judge looks at each case and will look at each one on its own merits.

Even if you got the same judge which will be highly unlikely,ive been quite a few times never had same one.Also if it was he would more so go for suspended sentence, as he wouldn't want to change his views on what he had decided today.(would make him look a bit silly).

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Thanks for your replys everyone.

 

I have gotten over the shock of the way things went ,yes all good that we kept the house it was just that if capstone had turned up we would have lost.

I woke up this morning at 4am balling my eyes out i think all the worry to the run up and what the judge was like just came out.

But i do feel alot better now.

 

Regarding blackhorse ...

My hubby spoke to a solictors yesterday who do all this PPI stuff and he was brillant ,he said that we have a excellant case against blackhorse and that he would do a phone confernce on the 21st in the court room or contact a local solictor to attend with us ,which is a great relief.

He also informed my hubby that they are taking part in a panarama programme in november and he said he might quote our case in it ,he has had many deals with blackhorse ,so we will have someone with us.

 

so at the moment i feel quiet calm

 

Ell-enn again thank you for all your help with the capstone possession.

i made a donation to this great forum with some money i had sitting in my paypal account ,if it was`nt for the great people here i would not be in my house right now writing this. :)

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