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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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Scottish agricultural rent review case. Morrison-Low v Paterson


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Morrison-Low v Paterson, Scottish Land Court, 2010.

 

The main case.

 

This case has created lots of news, particularly due to the decision that the income derived by a tenant from Single Farm Payment is not an item from which the Landlord may derive rent. The Court allowed a modest rental element to reflect the opportunity offered by the land to claim the single payment, relying on the relatively low payment figures for naked (unused) acres readily available in the Scottish market.

 

Other headlines were:

 

The Court allowed limited duration tenancies and short limited duration tenancies to be used as comparable evidence for a 1991 Act tenancy

 

The court applied the same approach to marriagelink3.gif value as Childers v Anker i.e., that it should be excluded when considering comparables but included in respect of the subject holding

The general consensus on its applicability to English and Welsh rent reviews appears to be that it should not affect them but this needs to be tested in an arbitration or through the courts. In England, single payment income is usually not considered part of the earning capacity but is a relevant factor, so was added in below the bottom line. This does not seem to have been upset by this case.

 

With thanks to SG Landscope.

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Please don't rush, take time to read these:-

 

 

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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This is good news indeed.

 

Basicly, what it is saying, is that the SFP that a tennant recives from the goverment can not be used to force up rent or used as part of a divorce settelment.

This, after all, is a voluntary payment and maybe withdrawn.

The is no reason why Countryside Stewardship payments should be concidered in the above cases also.

Q. What do you call someone who used to be really keen on tractors?

A. An extractor fan!

 

 

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