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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
      • 162 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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Hi Guys

 

To keep this simple, I am in a contract with MRL and fell into trouble last year (Spring) which subsequently led to me being taken to court and obtaining a suspended possession order. Of which I had maintained up to the end of last year.

 

The company I was working for were OK to start with but then in August, started to pay us later and later each month. I still managed to pay the mortgage until October arrived and we did not get paid.

 

I notified MRL of the situation immediately and told them that I would be seeking alternative employment as soon as.

 

Then in November, we were not paid again so I was fortunate enough to gain new employment with a larger company starting 06.01.09.

 

On December 29th, I informed MRL of the new job and filled in a budget sheet etc and they stated that as long as I paid January's mortgage they would cancel the order...I stated how would I be able to do that when my old employer had gone bust and I did not get a salary until Jan 28th??

 

So that is where we are at now.

 

  • Last mortgage payment made 02.12.08
  • Eviction date 15.01.09
  • N244 submitted (after some very helpful advice found on here...thanks :D)
  • Q10 statement submitted
  • 2 Budget sheets submitted (1 with bonus, 1 without)
  • Hearing date 10am 14.01.09

My question is this. What are my chances of getting this suspended for a second time?

 

Thanks in advance guys and dolls.

 

(MRL = Mortgage Resolution Limited. They bought out DB I think)

Edited by debtfreesometime
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I think you will be OK just get proof of you old employedemize you should be able to claim you wages from the reciever have your new employment have the payments gone down to to the interest changed

mine was susppende about 12 times

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Hi there, you should be OK - you have a new job and if your budget sheet shows you can afford the mortgage payment and an amount towards the arrears the eviction should be suspended. Do you have proof of your new job i.e. letter of appointment/contract - if so, did you affix a copy to your N244? What did you put in your statement for Q.10.

 

Ell-en

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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Hi Ell-en

 

It was your statement I modified, thanks for that.

 

It read...

 

We are the defendants in this case and respectfully request the court to consider the following when hearing our application:

The fiscal problems arose as a result of my employer failing to pay any salary for November and December 2008 that amounted to £2,700.00. They have since ceased trading.

The situation has now improved in that I decided to seek alternative employment after Novembers salary was unpaid. I have now found alternative employment and my wife has also returned to work.

We are confident that we can now maintain the normal monthly installments plus £200 towards the arrears. Please see affixed budget sheet – Appendix A.

Therefore we respectfully ask the court to take into account the case of Cheltenham and Gloucester v Norgan when considering our offer of payment and also s.36 of the Administration of Justice Act 1970.

There are two dependent children resident in the property aged 6 and 3 years.

We assure the court that we are committed to clearing the arrears and respectfully ask that the eviction is suspended in order for us to provide a stable home for our children, and also to avoid the expensive and unnecessary costs which would undoubtedly arise following repossession in the current property climate.

 

I believe the above to be true and factual.

 

I have a letter of employment offer too.

 

TIA.

[/font]:D

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Excellent - well done! take a copy of your letter of employment with you to the court in case you need it, and of course a copy of your N244 just in case you need to refer to it.

 

I'm sure it will go OK for you :)

 

Don't forget to let us know your good news!

 

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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hope everything goes ok for you. Sounds if you did everything correctly and to the best of your ability and I am sure the judge will take that into account

 

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well done - hope everything goes ok in your new job as well

 

Jan:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Great news, good luck in your new job and all the best for 2009.

 

I'll be doing going through the same thing again for my friend soon and will be back on the posts seeking the advice of the wonderful Ell-enn in the next few days xx

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Brilliant news - well done you!!

 

Ell

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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