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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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GE Money home lending (formally i group)


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  • 2 weeks later...
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Hi Boy,

 

You may like to add that under the overriding objectives they are under an obligation to facilitate settlement rather than take the time of the courts. Also point out that if the court is of the view that they have refused a reasonable offer then the court may order that they pay their own legal costs.

 

Also are you sure you can afford the amount you have offered? If it does go to court they will order that you pay only what you can afford. It needs to be realistic otherwise you will only end up in arrears again. The courts will often award payments much less than what the companies are demanding and they know this.

 

Best of luck with this and sorry for not getting back to you sooner.

 

Zoot

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Hi Boy,

 

I received your pm in relation to your other claim. I'm just in the process of updating the witness statement following on from reading Jamorgan's Transcript and once this is done I'll be able to get back to you on the items you need for your bundle.

 

With regards to this case. A suspended possession order is granted where the lender wishes to apply for possession but the court grants the borrower one last chance. GE can not go for a possession order as you are offering payments to meet the arrears and in these circumstances the court would normally suspend the possession order subject to you keeping up repayments.

 

The effect of a suspended possession order is that you are given time to pay off the arrears and if you do this the possession order is removed. However, if you fail to meet one payment of the arrears, GE can go straight for possession.

 

Do attend the hearing and bring with you evidence of income and expenditure. Let the judge decide the amount you are to pay. This is likely to be far less than GE are demanding. Its important you don't agree to a sum that is too high otherwise you will not be able to keep up the payments and will lose your home.

 

Also if it is possible, it would be best to try to arrange a re-mortgage as soon as possible as this will free you from having the threat of the possession order being enforced at any time.

 

Obviously do be careful in choosing another mortgage. The choice is limited in the sub-prime market and as you know there are some unscrupulous lenders out there! Watch out for those with variable discounted rates (which are initially low but shoot up very soon) and hefty ERC. Go for a fixed rate if possible.

 

All the best

 

Zoot

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  • 2 months later...

It does seem petty in the extreme particularly when they have nothing to gain from not allowing it. Other than the fact that you are more liely to be able to meet their payments and less likely to have to pay their charges as a result :rolleyes:

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