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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
      • 161 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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Private arrangement - self employed


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My husband is soon to become self employed, he will still be employed through a company though, he is currently paying 264 pcm to the ex via a private based arrangement, obviously we dont know if at first, we can afford to keep paying this amount as its likely to be tough to build up business. Do we still have to pay this set amount? Although its a private arrangement the ex still forced him through the CSA to do the calculation only. and we pay her direct to her bank.

 

Please dont advise talking to the ex, they are not on speaking terms and she wants to screw him for every penny she can regrdless of income or hardship, and she will not take him moving jobs into account even in the short term so he could maybe pay her more at a later date when he is established to make up for any shortfall just now.

Also the child in question i very much doubt she is receiving child benefit for as her current partner is likely to be a Higher rate tax payer and surrendered it, so how does that leave us in the future when the csa used to depend on the receipt of this to extend payments up to age 20 if still in education?

 

Unfortunately we dont get to see the child any more as she has made it so difficult for everyone and he is emotionally damaged by her so he pretends he cant hear his dad on the phone or says he doesnt want to see him for visits, its so sad.

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I think the worst she could do is ring the CSA and ask to change from a private arrangement back to where your ex would pay the CSA and then they pay her. She might have to open a new claim vis the CMS (new CSA service) which will take time to be set up etc

 

In the meantime I would advise writing her a letter and sending it recorded delivery (so it has to be signed for) telling her of the changes and dates etc so she can't claim you didn't inform her. I'd also pay as much as you can each month once he's self employed until the business is built up and you can return to paying the £264 plus any arrears

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Hold on a minute, if his ex is with a new partner and they both jointly look after this child and you/your partner do not get to see the child then the ex new partner becomes financially responsible for the child, not you.

 

 

I get that morally maybe you want to and feel you should but I am pretty sure you don't have to if she has a new fella, he takes her and the child on.

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No it doesn't work like that. Any new partner does not have financial responsibility for the child(ren) involved in the case.

 

 

 

Sorry but I disagree and feel you are wrong, I know I have read/heard about it somewhere before.

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... I'd also pay as much as you can each month once he's self employed until the business is built up and you can return to paying the £264 plus any arrears...

 

Arrears ? Your husband should only be paying the required amount based on his current earnings at the time, not on any previous earnings, assuming he isn't already paying off any arrears.

 

He should not be keeping up with the £264 payments unless his earnings at the time warrant that level of payment. He should be paying 15% of his earnings after PAYE and NI.

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I was meaning the "I'd also pay as much as you can each month once he's self employed" bit.

He shouldn't pay as much as he can, he should pay the correct amount for his earnings at the relevant time. Don't worry about the private arrangement level of £264, it's his earnings at the time that count.

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