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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
    • If it doesn’t sell easily : what they can get at an auction becomes fair market price, which may not realise what you are hoping.
    • Thank you. The receiver issue is a rabbit hole I don't think I'm going to enjoy going down. These people seem so protected. And I don't understand how or why?  Fair market value seems to be ever shifting and contentious.
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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
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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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Urgent help required! Buying a car without V5 document - need some advice!


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So does having possesion of the actual car, two keys, having a clear Hpi check, receipts of both purchases, new keeper supplement from previous sale, mot and service history for the car mean nothing?

 

So it is possible in this day and age for you to have all that information but yet it is not proof the car is yours?

 

How would someone that was not the actual owner have all of that information - inparticular the service history??

 

What is the point of doing a Hpi check if it is meaningless? Because obviously the reason this purchase would be risky is to do with the fact that the car could be stolen? But then shouldn't it appear so on the Hpi??

 

 

It SHOULD do, yes. But let's say the guy who is selling it to you (call him no. 3) has acquired it in good faith from somebody (2) who has rented/leased it from somebody else (1), then stopped paying & not returned the vehicle. There is a delay in (1) reporting it to the police while he tries to sort things out with (2), who has already sold it on to (3). Meanwhile you come along & fall in love with the car & buy it from (3) with no V5.

 

You get stopped one night by a police ANPR check, showing the vehicle is stolen. (1 has now reported it as such). You WILL be arrested on suspicion of taking a vehicle without the owners consent. HPI won't be interested because at the time of the check, it wasn't reported stolen - they have kept thier side of the deal.

 

Although it is not proof of ownership, a V5 will certainly help show that you acquired the vehicle in good faith & are not trying to hide anything. The above scenario might sound far fetched, but it isn't, trust me - unfortunately I can't go into further details on a public forum.

 

I really really would not purchase without a V5. If the guy is legit, he won't mind sorting it out. If not, there is ALWAYS another bargain to be had.

April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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Hi everyone,

 

I am due to buy a car without a V5 document as the owner of the car was not sent a new V5 when he originally purchased the car but failed to chase this matter with the DVLA.

 

Ask yourself (or even better, ask him) WHY??

Obviously the DVLA do not recommend you buy a car without a V5 but then they do have an option for that on the V62 form so it must happen.

 

Yep, it can & does happen (as in the real life example I gave) but the potential for something to go wrong (as you mention below) is horrendous.

 

I am basically just worried that if I fill in a V62 and the DVLA contact the person that is currently the registered keeper (but not the owner) and they for some reason object I will have lost money. I will have a receipt for my purchase, I am paying by bankers draft, I will have the car with 2 keys and all the documents mentioned above - will this be enough to argue my case if it comes to it?

 

You will be able to argue, but at best it will mean a long frustrating debate between insurance companies, at worst you might be doing so having already been arrested.

 

Can somebody help and offer me some advice ASAP please!!? Thanks.

 

The above poster sounds more qualified than me, but my simple advice is tell this guy to ring you when he has the V5, or walk away from the deal & save yourself a lot of potential grief down the line.

 

Hope this is of some help.

April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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At this stage I would just like to thank you all for your comments, please keep them coming - you can NEVER receive enough advice! I am still no closer to a decision either way but your advice is obviously helping me think about worse case scenario etc and making me question whether or not it is worth it.

 

Fightback - I understand you seem to have had a bad experience and I really appreciate your advice on this. It definitely helps. I think to put my mind at rest both ways I will do what Oh Boy suggests (I have nothing to lose by doing that) and see if that settles my doubts. If not I agree that I should just walk away.

 

Pat Davies it would be interesting to hear your experiences as well on the flip side. As we have Fightback with the bad experience and trouble and you with good experiences. Would be good to get an understanding of both sides.

 

No problem mate, wasn't an experience for me, I was the poor sod investigating it, believe me I wouldn't wish it on anybody!

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April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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