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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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    • 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.

Eviction date 2nd dec help please *Eviction Stopped*

Traceydavis
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Ell-enn

Ell-enn

Posted
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Sorr Terrence, I thought you might have seen it - I removed it to stop Tracy getting hundreds of unwanted emails

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HTA

HTA

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Morning Traceydavis,

 

Ell-enn will be around shortly - I don't think she ever sleeps!!!

 

So just stay calm and Ell-enn will tell you exactly what you need.

 

Just to say you are doing great - keep it up.

 

Have a good Friday.

 

Regards

 

HTA

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Traceydavis

Traceydavis

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Morning Traceydavis,

 

Ell-enn will be around shortly - I don't think she ever sleeps!!!

 

So just stay calm and Ell-enn will tell you exactly what you need.

 

Just to say you are doing great - keep it up.

 

Have a good Friday.

 

Regards

 

HTA

 

Thank you everyone is so good on here

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Ell-enn

Ell-enn

Posted
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Hi Tracy - I have removed your email address from the thread for security purposes. You will need to take a letter to the court if you are to speak for your mum.

 

Write this letter out and get your mum to sign it - fill in the info where I have put in blue - you will need to take your passport as identification and also identification of your mum's.

 

Dear Sir/Madam

 

I, (your mum's full name and date of birth) am unable to attend court due to being unwell. I have given my daughter (your full name and date of birth) permission to agree to terms on my behalf i.e. £50 per month towards the arrears in addition to the normal monthly payment as detailed in the N244 application.

 

My daughter has been provided with (my passport ?), as proof of my identification, and I hereby give my authorisation to (your name) to act on my behalf under the possession proceedings brought by (name of loan company) against (your mum's address).

 

Yours faithfully

 

(printed name and then signature with the date in full).

 

 

Tracy - I posted the letter above last night - did you see it? you will need to take that along to the court with the identification I mentioned

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Ell-enn

Ell-enn

Posted
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If she is able to go it would be best, but if not then the letter and identification should be OK.

 

 

Ring the court this morning and ask if they have any duty advisers there on Monday morning - is it Stourbridge or Dudley you have to attend?

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Ell-enn

Ell-enn

Posted
Posted

Duty adviser is the same as the man Terrence told you about - some courts have these duty legal advisers in attendance to assist people wit6h their repo hearings, they can go into the hearing with you and support your case.

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Ell-enn

Ell-enn

Posted
Posted

It won't be like the court scenes you see on the TV. These hearings are held in a room which is set out much like a meeting room, there will be the judge, yourself and a rep from the lender. Judges are usually very good at understanding you will be nervous and will guide you through the process. The hearing will most likely take only 10 minutes.

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Ell-enn

Ell-enn

Posted
Posted

That sounds about right

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Ell-enn

Ell-enn

Posted
Posted
Don't take long for decision then

 

 

The judge will have read all the information in your N244 application form before you go into the hearing - so it won't take him long to deliver his decision.

 

 

It'll be OK, stay positive :)

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

 

 

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HTA

HTA

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Morning Traceydavis,

 

Hope that all goes well for you today - fingers crossed here for you.

 

Please update us all when you have a chance.

 

Stay focused and positive.

 

Regards

 

HTA

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Ell-enn

Ell-enn

Posted
Posted

That's fantastic news - well done :) Just make sure that your mum makes the payments exactly on time every month - if she misses one payment or is late with payment they will issue another eviction warrant.

 

 

Can you give us a bit more info about what went on in the hearing please - it helps others who are in the same position.

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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