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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.  

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      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.

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    • 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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Balliffs will not accept my offer of payment


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Hello my nameis Miss W,

 

Please can you give me some advice I am a disabled Univeristy student studing full time. I owe £2,639 for council tax for previous years which has gone to the baliff B&S. I have been in contact with B&S and I have discussed my situation with them. They have advised me that I have 6 months to clear this debt and I must pay £434 per month.

 

I am not currently working as I study full time and I am currently completing an 80 day placement for which I do not get paid. I have asked B&S to take my circumstances into consideration but they say I must pay £434 per month but this amount is very high and I cannot pay this amount every month. I am really worried and distressed as I have signed a walking possession.

 

Please can you give me any advice

 

Miss W

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i would say to ring them again and ask them to send you a means test. thats says everything you have coming in and everything you have going out. as far as i know unless the bailiffs are court appointed (working for council tax ect) they cannot just take your things and must apply to the courts first so you will have your chance to explain to a judge if needs be your circumstances.

personally i would just tell tehm you will see

them in court

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I am worried as I think they may break into my property as I have already signed a walking possession. Thanks for you advice I will ring them tommorow and ask for a means test form

 

Miss W

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HI Miss W.

If you post your problem in the BAILIFF forum here

http://www.consumeractiongroup.co.uk/forum/bailiffs/

you will get much better advice.

Good luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Guest ChloeJane

Hi,

 

If your a student you would get student allowance yes?

 

If so, you may well find this link useful.

 

The Council Tax Benefit (General) Regulations 1992

 

You may find the outstanding debt is that you have been overcharged or paid council tax when you did not have to.

 

If you read the link, post back if you have further questions.

 

When did you sign the walk in posession agreement???

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Hi,

 

I am receipt of council tax benefit now as I am a full time student. The outstanding debt arose before I was a student. I signed the walking possession in October as i thought I could arrange to make a resonable offer of payment. Unfortunatley the amount B&S require per month is not realistic for me.

 

Miss W

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Guest ChloeJane

As a full time student they should deduct a small amount from your allowance. I am not sure who pays student allowance, but if it is Social Security they will arrange to have it taken out as a small sum each week.

 

I do apologise as for students I am not totally offay with entitlements. If you are getting any form of Government Allowance though, payments can be taken from benefits and allowances and can be arranged so students would come under the same banner.

 

Phone through to the Job Centre or where your allowance is paid and explain the situation. I am sure it can be done this way. Especially, as a disabled student. I have another link for you.

 

The Council Tax Benefit (General) Regulations 1992

 

This is legislation about Social Security and Council Tax. I hope it helps.

 

CJ

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When is the councfil tax for? - What years?

 

Would you be entitled to a discount on your council tax due to your disability?

 

Have you spoken to the Council and asked if they could take back the debt due to your disability and that you are vulnerable?

 

I am out today but will check back this afternoon

 

SFx

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i would say to ring them again and ask them to send you a means test. thats says everything you have coming in and everything you have going out. as far as i know unless the bailiffs are court appointed (working for council tax ect) they cannot just take your things and must apply to the courts first so you will have your chance to explain to a judge if needs be your circumstances.

personally i would just tell tehm you will see

them in court

 

Without wishing to seem critical this is terrible advice. The bailiffs have been appointed to recover council tax following the issue of a liability order. They have attended and levied distress - but have allowed the op to sign a walking possession agreement. Therefore they have entered the property peacefully (we assume) and thus have a right of entry to remove goods if payment is not forthcoming.

 

There are circumstancs which the council may consider - but do not ring the bailiff suggesting "see you in court". They have no need to go back to court to remove goods.

 

RM

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Hi everyone,

 

Thanks for all you advice but unfortunatley I had to pay the baliffs £750 cash to stop them from removing my goods which I had to borrow from my family.:( They had called a locksmith to break into my house and remove my goods if I didnt pay them.

I did contact B&S and ask for a means test from but all the staff i spoke to were rude and unhelpful:-| I did explain my cicumstances disabled university student but they did not care.

 

I am seeking more advice because the council are charging me for council tax since being a full time student even though I was given full exemption. My daughter who is over 18 lived with me she was pregnant and on income support they say I am not fully exempted from pay council tax because a second adult was living with me. They say I owe £672.75 for 2005-2006

 

Miss W

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