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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
      • 160 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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I do find that that the bailiff advice part of the site has been taken over a little by 'industry reps' who often support wrongful actions by EA's or HCEO's, without any helpful advice for Joe Public about what they can do. The replies often supports the actions of their colleagues in the industry. I think this is something that the CAG site team should keep an eye on.

 

People come to CAG for fair balanced advice, which should hopefully enable them to resolve their problem. If CAG allows the site to be taken over by anonymous industry reps, it could damage the reputation of the site and people may be more tempted to use 'interesting' advice offered elsewhere online.

 

I know others offer advice which is more independent, but thought this needed to be said.

We could do with some help from you.

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I would agree with this. The bailiff part of the site seems to have lots of posts in support of bailiffs and their actions, and woe betide anyone who objects.

 

As a point of note, I have noticed there are referrals to posts and news items where debtors have lost cases and with the assumption that taking a bailiff to court or complaining is expensive and you will lose.

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Hopefully you have noticed the new structure on the Bailiff Forums where it is hopefully clearer. Discussion Threads are now on a sub forum allowing those with problems being more obvious, hopefully meaning they are more likely to get attention.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I have, it seems clearer, however a lot of the advice given to people with problems seems to be pay the bailiffs, don't argue, give them everything they want, they can behave however they like, because they are bailiffs.

 

There isn't a lot of help about dealing with bailiffs and what they can and can't do and how to complain or take action against them.

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