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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
      • 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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please someone help me make a complaint to the council


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Aw, dear, poor poor girl :(

I do feel for you.

Let me get it straight: your front was broken/drafty, you were under the impression that the council will not replace it, so you did it yourself. You spend a lot of money seemingly needlesly.

Sit down and write a stonking complaint to the landlord (I presume council?). This kind of disrepair is a landlord's responsibility. You were seriously misled. You were also badly treated when you called to complain. Now your children's Christmas will be pitiful, due to the inspector's lack of adequate information.

Make copies: one for the landlord, one for the Council's Chief Executive, one for the Head of Housing, one for your local counselor, one for your MP, one for the local paper.

You do not have to use legal language- all you need to say that the landlord has a duty to repair and they did not fulfill this duty to your serious detriment and now you are considering taking your complaint to the Local Government Ombudsman if you are not recompensed speedily.

Use strong emotive phrases but be polite; lone parent, small children, Christmas ruined, not being able to pay for essentials, etc etc.

Make a lot of noise, make an utter nuisance of yourself, make them want you to go awayso badly, that they compensate you swiftly.

The crucial think in the "snowed under" strategy is to send a lot of letters to a lot of important people, so about getting the names and addresses.

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Ed may be right; n the other hand, he may not, but because there is so much at stake I would still campaign and complain. Complaint letter doesn't cost much- it takes a little time to compose, it takes some effort to lay it out in a chronological and logical order and it may generate a good outcome.

In order to establish facts about the dates of replacement programme (when was it decided, who was entitled, what was proposed)- why not submit Freedom of Information Act access request?

I am pretty certain that if your front door was faulty to the point that it stopped performing it's function properly i.e. kept letting the wind in, did not proteect from elements etc - your landlord had a statutory duty to repair under section 11 (http://www.consumeractiongroup.co.uk/forum/landlords-tenants/74057-disrepairs-privately-rented-accommodation.html#post641938 ) where it says that the landlord must keep in repair (see below) the structure and exterior of the building or part of a building which is let to the tenant.

and

The landlord's obligation to repair only comes into operation when there has been damage to the structure and/or exterior which requires it is made good. The landlord is therefore obliged to put right something that has gone wrong, or which does not work in the way it was intended to work.

 

If in doubt about the detailed grounds for a complaint, my rule of thumb is to go ahead. Be reasonable and polite. If your complaint is rejected, the letter will carry the arguments for the rejection of your complaint. It will be up to you to see whether these arguments are true, make sense and are irrefutable or not.

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She isn't out of pocket really
...:eek: er, she is! Big time! And needlessly too. If she was only advised properly by the "inspectors"! You bet she feels bad. £590 is a lot of dosh for a lone parent, trust me.

 

Esio, we really appreciate your comment about your lack of sympathy. Beautiful.

Also, we are really glad that you must be one of these people who never makes mistakes, always seeks advice from knowledgeable people and carefully, reasonably approaches each problem.

How lucky you must be.

Additionally, we feel it is very insightful to tell the OP what she should have done instead of what she could do now. It allows us to feel superior, doesn't it. Especially if it's not our door that lets the cold and rain in and it is not us being messed around by whole host of jobsworths, patronising "customer services" slappers, and couldn't-care-less employees.

 

Do you work for "the council" Esio?

 

With regards to the posters who point out that OP hasn't got grounds for a complaint: with respect, I have pointed it out in my previous posts that she may or may not have legal leg to stand on, but we don't know the full facts and I wouldn't want to discourage OP from taking action without full knowledge. I have referred to my rule of thumb; if in doubt (and it doesn't cost you)- complain and see what comes out of the woodwork.

 

I know that OP proposed to replace the doors herself when she was offered to have it "re-sealed" but we really don't know much: how could "re-sealing" help with a large gap? What was the overall condition of the door? Was the replacement program in a pipeline? It is not only legal arguments that we have to contend with, it is also other factors, like possible misinformation from council officials etc.

 

And finally; my experience of local authorities who are landlords and their repairs track record tells me that in 9 out of 10 cases, council screws up.

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I agree with my learned friend JOA, if it all fails.
I am not sure if that means you agree with me or not, sorry I am foreign :lol:

 

Council will not need to replace the door, OP has already did that, the issue is now whether she should have been told that there is a replacement program on the way and whether the inspectors misled her.

 

As for the manners; yeah, I totally agree, civilised and respectful discussion should be the rule......yet sometimes I get carried away by some of the more special posts. You know how it feels.....when you can barely restrain yourself. So yup, I put my hands up, I can be a nasty girl. So bite me :D

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I , on the other hand, have a great sympathy, but that's maybe because I fully understand what it means to be a lone parent in a council house and the value of £590 in such circumstances. I fully believe the OP when she says : im sat here in floods of tears.

Naive and misinformed? Possibly.

Greedy and whining? Not at all.

How would you react if you spent your money in a circumstances when you did not have much and few weeks later you'd have found out that you did not have to spend that money at all but nobody bothered to tell you when you asked? Pretty ****ed off- I would.

 

I do not believe that she made her bargain- I feel she was possibly cheated out of a bargain. It is possible that she did not have to spend this huge amount of money at all.

As for the free windfall, I wonder what did you mean by this? Did you mean landlord fulfilling repair duty? Did you mean tenants getting what they are entitled to?

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