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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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I wondered why, since the man at the flat had already (allegedly) threatened the bailiffs with violence, JBW didn't ask the police to accompany them in the first place, to prevent a breach of the peace.

 

Indeed, that would've been a sensible action to take!

 

Cheers

Michael

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I wondered why, since the man at the flat had already (allegedly) threatened the bailiffs with violence, JBW didn't ask the police to accompany them in the first place, to prevent a breach of the peace.

 

 

Mr xxxxxxx is obviously already known to the Police, and Auntie Beeb is giving the viewing public a bit of danger with their voyeuristic pleasure.

 

:rolleyes:

 

We pay for this rubbish too.

 

signed

 

Mr Joe Gullible-Public.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Guest 10110001
Wow 10110001, the information in that letter is disgraceful (assuming the bailiff was calling to enforce a warrant of execution for a civil debt and hadn't gained prior peaceful entry, of course!) - I think that might even justify a complaint to the Police Complaints Commission!

 

That letter is the reply to a complaint made to the IPCC against a police officer at the scene where a [EDIT] bailiff entered the property by force. He had dismissed the complaints as a civil matter, they were criminal damage (damage to door), breaking & entering, ABH (door impacted the occupant when bailiff applied force to it) and Section 1c of the Theft Act 1967 for unlawfully obtaining money by overcharging fees. A further complaint of going equipped (crowbar) was dismissed as it couldn't be establised it was discarded by the bailiff when the police arrived.

 

It turned out the council had been sending letters & court documents to the wrong address, and in any event the ticket itself was invalid.

 

Nine months later I made the council who sent the bailiff pay the damage to buildings in the small claims track and recovered the parking ticket with a chargeback.

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Many years ago I had a bailiff turn up at my house about an unpaid PCN which I was fighting against with Hackney council, I must admit he was very polite, but, when I would not let him in he called the police and told them I was using threating behaviour!.

 

My advice to anybody that has dealings with bailiffs is to download copies of the relevant legislation and keep them handy in case the bailiff calls the police. The police are often baffled by the bailiffs and don't know the law.

 

I think what [EDIT] the bailiff did by putting his foot in the door straight away and saying "we have crossed the threshold" is an absolute disgrace!.

 

One day someone is going to kill a bailiff. God forbid.

All I ask is to be treated fairly and lawfully.

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Obviously, this wasnt a anti-bailiff policy as such. It was a complete rejection of the rule of law, with all branches of the British State being seen as representatives of an occupying power and as such, legitimate targets.

 

Now then, now then...

 

We need the ballot, not a bullet ;)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I've submitted a complaint to the BBC about the foot in the door tactics and would advise those who feel strongly about it to do so too.

 

It's a very simple form on the BBC website - BBC Complaints - Make a complaint

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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- and there is no obligation for the bailiff to show the warrant to the debtor.

 

Thanks for that 10110001, I will let the kids know they can have what they want and as much as they want for Christmas, me and my mate are going out this evening to get them courtesy of the government.

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That letter is the reply to a complaint made to the IPCC against a police officer at the scene where a (Drakes) bailiff entered the property by force. He had dismissed the complaints as a civil matter, they were criminal damage (damage to door), breaking & entering, ABH (door impacted the occupant when bailiff applied force to it) and Section 1c of the Theft Act 1967 for unlawfully obtaining money by overcharging fees. A further complaint of going equipped (crowbar) was dismissed as it couldn't be establised it was discarded by the bailiff when the police arrived.

 

It turned out the council had been sending letters & court documents to the wrong address, and in any event the ticket itself was invalid.

 

Nine months later I made the council who sent the bailiff pay the damage to buildings in the small claims track and recovered the parking ticket with a chargeback.

 

Blimey - not often this happens, but I'm gobsmacked :eek::eek::eek:

 

Cheers

Michael

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Guest 10110001

There is more to the case and the proceedings are ongoing, I am restricted in disclosing further information because the bailiff involved was operating with an expired certificate.

 

Ive never personally been the target of a bailiff but on three occasions I have paid a bailiff – with a credit card - and on all three times it became necesary for me to recover the money with a Section 75 chargeback.

 

Incident 1. Described above, partner got a bailiff for a ticket that was allegedly sent to the wrong address and never received court documents; ticket was invalid anyway but council sent bailiff round to my airport pied-a-terre flat instead. Money recovered - overcharged fees, £302 for a £95 ticket. Council ordered to pay damages.

 

Incident 2. Phone call at 07:00 from a friend with 2 men at her door, bailiffs collecting council tax. £594 for £129 unpaid council tax. I paid the bailiff and later found that she was on a prescribed benefit but the authority had mislaid the application. Bailiff charged attending to remove and walking possession fee on the 1st visit and I chargebacked the money from the bailiff. I made the council pay back over £1200 of over-charged council tax in a complaint of misfeasance directed to the LGO. The windfall gave them a surprise family holiday.

 

Incident 3. Early morning call from friend who has been wheel clamped. I phone the clamper and pay £192 by credit card & they agree to remove the clamp within an hour. Another phone call, no-show from the clamper, procedural check confirmed the clamper is not licensed for consumer credit making this a case of extortion. I go to the vehicle with a cordless lobster cutter, cut the top and one of the two side chains & pull the clamp away from the wheel. Chargebacked the £192 & heard nothing more.

 

Before June 2006 I have never heard of companies like Drakes & JBW and never before had any contact with a bailiff. Three incidents in the space of 18 months and I found fraudulent irregularities every time, I attained a 100% success rate in recovering money from the bailiffs.

 

This suggests the profession is riddled with fraud and corruption and bailiffs systematicaly take advantage of consumers less informed of the law.

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In 1971, Northern Ireland bailiffs discovered that a foot in the door was worth a bullet in the brain.

 

Its what happens when people reject an oppresive government- civil society goes out the window.

 

It's what happens when minority groups know that they cannot achieve their selfish aims by democratic means, and use terrorism instead.

 

Originally Posted by noomill060 viewpost.gif

Obviously, this wasnt a anti-bailiff policy as such. It was a complete rejection of the rule of law, with all branches of the British State being seen as representatives of an occupying power and as such, legitimate targets.

 

There are still parts of NI where some individuals continue to use their pathetic and bogus 'cause' to justify their drug-dealing, smuggling, counterfeiting, pimping and protection rackets.

 

They are not very different to the criminal **** that infest some other parts of the United Kingdom.

 

The legacy is that enforcement in NI is now directly in the hands of the Court system, and is the better for it.

 

Another legacy is ANPR systems - developed to track vehicles around NI so that the movements of Paddy the Baddy could be monitored.

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Guest ChloeJane

I have remained quiet...but hey...topic here...

 

My issues with the program.

 

1) Where did the Bailiff show his certification? How did the person at the door know this person was a Bailiff????

 

2) Where was a copy of the warrant? I didn't see it did you? I wouldn't be paying out £4,000 for fines without evidence.

 

3) Where was a copy of the breakdown of fees????

 

4) Were the fees in complaince with legislation????NO!!!!

 

So, what the program showed was, Bailiffs that turn up knock or clamp with no need to show identification and verify they held right to conduct a levy.

 

It did not show the lawful right to view the warrant. The Bailiff could be charging anything and you don't even know if the warrant is against you or your goods! A name is one thing but what if your name is common. You have a lawful right to view the warrant.

 

It did not give a breakdown of the Bailiffs fees. 28 outstanding parking fees I didn't quite understand the figure of £4,000 but hey, the guy who paid appeared very controlled to me when he was shown nothing to verify the charges or evidence of the cost of warrants.......[problem]???

 

The fees were not compliant with legislation and no amount of mathematics I have found in reading the charges and am sure Tom tubby will back me up that multiple levies are unlawful.

 

So.............................

 

My overview was, ok it served a purpose. It showed the charmers at their best before the cameras in what is a difficult task. That was the aim. The facts of presentation that were wrong and not checked by legal departments before airing amazes me.

 

What really really does get under my skin is the FREE advertising the BBC are giving. They say they do not advertise but this is NOT true as clearly they do , so guess the company will be upheld as heroes and laughing and sniggering all the way to the bank.

 

Series over dramatised. Where is the mother of one with the foot in the door that shows the other side. Where is the charge of £1,000 on a single ticket with a person who is disabled....

 

I am not, and I would like to make this clear. Very clear in fact. I am not against the Industry. I am against what is the absolute abuse of power. The abuse of rights, fundamental that has people fearing to drive and use their cars or to safely drive to the shops for fear of an ANPR van detecting a parking fine you knew nothing of with a warrant only a day old.

 

Oh, the stories I hold. So I think ANPR is Big Brother becoming evil. I hold no issue with ANPR used for the detection of crime. I do hold issue when it is a money making making exercise for Councils who are by law to use the money to improve roads and parking to decrease issues.

 

Decrimalised parking is a money making venture using the parking fine revenue to fund the governments shortfall in other areas. It is not used to rectify roads or parking issues to stop the abuse. Thats my issue.

 

To then pass it to Bailiffs as extortion - I don't think I will dare add my views here.

 

Baaaaah humbug to the BBC and free advertising for ONE company with less than 28 Bailiffs collecting on 29 Local Authorities and the Child Support agency.....hmmm...figures not quite adding up for me as legal enforcement!

 

Lets hope the advertising of the latest british hero MR NOT SO SWEET will not go to his head. 28? I thought with the shaved head he looked liked a great bowling ball for Christmas!?and the side on veiw he was in his 40's.

 

(sorry guys you knew I wouldn't be quiet!!)

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Hope YOU'VE complained to the BBC - they need to get as many complaints, none emotive one's if possible, about the unlawful actions they are showing.

 

Just a thought, but could they stand accused of aiding and abetting a crime?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Guest ChloeJane

Am laughing Tiglet....

 

I did have a lot to say! ;)

 

It took a stiff drink and total restraint not to climb into the television and.....

 

I am now removing myself from this thread as it is very emotive for me and not going to give the MODS a headache. Thought I was well behaved in my reply.

 

Seeya round Tiglet!

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There is more to the case and the proceedings are ongoing, I am restricted in disclosing further information because the bailiff involved was operating with an expired certificate.

 

Ive never personally been the target of a bailiff but on three occasions I have paid a bailiff – with a credit card - and on all three times it became necesary for me to recover the money with a Section 75 chargeback.

 

Incident 1. Described above, partner got a bailiff for a ticket that was allegedly sent to the wrong address and never received court documents; ticket was invalid anyway but council sent bailiff round to my airport pied-a-terre flat instead. Money recovered - overcharged fees, £302 for a £95 ticket. Council ordered to pay damages.

 

Incident 2. Phone call at 07:00 from a friend with 2 men at her door, bailiffs collecting council tax. £594 for £129 unpaid council tax. I paid the bailiff and later found that she was on a prescribed benefit but the authority had mislaid the application. Bailiff charged attending to remove and walking possession fee on the 1st visit and I chargebacked the money from the bailiff. I made the council pay back over £1200 of over-charged council tax in a complaint of misfeasance directed to the LGO. The windfall gave them a surprise family holiday.

 

Incident 3. Early morning call from friend who has been wheel clamped. I phone the clamper and pay £192 by credit card & they agree to remove the clamp within an hour. Another phone call, no-show from the clamper, procedural check confirmed the clamper is not licensed for consumer credit making this a case of extortion. I go to the vehicle with a cordless lobster cutter, cut the top and one of the two side chains & pull the clamp away from the wheel. Chargebacked the £192 & heard nothing more.

 

Before June 2006 I have never heard of companies like Drakes & JBW and never before had any contact with a bailiff. Three incidents in the space of 18 months and I found fraudulent irregularities every time, I attained a 100% success rate in recovering money from the bailiffs.

 

This suggests the profession is riddled with fraud and corruption and bailiffs systematicaly take advantage of consumers less informed of the law.

 

All power to your elbow - you're doing a great job!

 

Cheers

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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Interesting stuff.

keep it clean and free of libel.

Reminders again you have an audience here and are being offered the chance to let off steam and give opinions.We want to continue to allow everyone to be able to get injustices sorted.However much it hurts that means some restraints.If we want to nail those who do not act within the laws then it has to be done by the book.........otherwise we are guilty of the same.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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