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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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    • 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.

HSBC Charging Order and what Payplan have stated ..is this right??

Duffers Mum
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Duffers Mum

Duffers Mum

Posted
Posted

Hi, I'm asking this on behalf of a friend because I was a little concerned by what he told me. He deals with Payplan and they have sorted out various issues for him, however HSBC bank have a charging order on his house, they have now come back to him and said they need him to increase payments from the £20 per month he is paying, if he doesn't they will then go for an attachment of earnings order. Can they do this? I would have thought having a charging order against his house was enough. Any advice greatly received :)

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Zimmie

Zimmie

Posted
Posted

Having a charging order usually keeps them happy knowing that they will at some point get their money. Usually the pre CCJ threats are to gain a CO or attachment of earnings. Seems a bit unfair to want both, but I don't know the legailities of this.

Is your friend sure either at the CCJ or CO stage that a monthly amount was not mentioned by the court.

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half ax I

half ax I

Posted
Posted

DM. Prior to a CO there would have been a CCJ. A CO is usually applied for if the CCJ order is not complied with. If payments agreed to satisfy a CCJ are kept to then this can be an option for suggesting that the court doesn't grant a CO. Sounds like the CCJ hasn't been satisfied or payments made in accordance with the order so they went for a CO which was granted. What they are now going for is enforcement of the CCJ to get the money. AOE is one option for them. Ultimately they do have the CO to fall back on.

 

The answer to your question then is Yes they can try. Could ask them to deal with PP as per other creditors or send them an Income & Expenditure statement showing that they cannot get any more blood out of the stone.

 

Good Luck to your friend.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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paulwlton

paulwlton

Posted
Posted
can they go straight for a charging order without getting a ccj first?

 

No, unless of course it was voluntary as Suequenct as previously posted

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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ukaviator

ukaviator

Posted
Posted

Before a court will consider an application for a charging order, the lender must have issued a county court judgement and you must have failed to make payments on that judgement or not paid the judgement according to the requirements of the court.

 

The lender will apply to the court for a charging order, once the court has considered the application and is satisfied with the application, you will receive the order on a N86 form.

 

The form will include information regarding the time and date of the hearing when the judge will decide if to make a final charging order.

 

If the judgement is put in place, you will receive a N87 form (Final Charging Order), this form will also be sent to the lender. The lender will then need to inform the Land Registry of the order.

 

Did you get an N86 or an N87 Form from the court?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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