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

      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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Halifax Mortgage threat of repossession


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Hello.

 

Regardless of the fact that the matrimonial home is in your son-in-laws name it will still be classed as a joint matrimonial asset.

 

I take it when you say her name is on the Land Registry that she has registered a matrimonial home rights restriction?

 

can your daughter afford to keep up the mortgage repayments? Regardless of the fact that it is in his name if she can afford to she should try and pay the mortgage to prevent re-possession.

 

There is some equity in the property so what she should have been advised to do is either try and negotiate settlement with her husband but if he refuses, to issue an ancillary relief application to the Court (this is the financial side of the divorce to settle any issues such as what is to happen to the house)

 

The Court will look at the financial situation of both parties. She could ask the Court to either transfer the property to her subject to any settlement her husband may be entitled to from the equity or an order for the sale of the property and a division of the sale proceeds, again subject to an agreement on this or in the absence of no agreement, what the court thinks is fair and equitable.

 

These Court proceedings are expensive and (without knowing what your daughters financial situation is) no legal funding is available so the starting point would be to either try and negotiate with her husband or (as per the protocol before issuing court proceedings) attempt mediation

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Yes the matrimonial home rights notice is valid until Decree Absolute is made so it is important that she resolves this issue before divorce is finalised. If she can afford to do so then she should continue to pay the mortgage but if he is not cooperating she will have no option but to issue proceedings. The Court will take into account all of their financial circumstances including income, pensions etc and there are anumber of options that she could ask the Court to consider ie sale of the property, transfer to her etc. Is he paying child support ?

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