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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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
        • Like

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Hi All

My girlfriend and i have a person who rents a room in our flat with no written agreement and after an arguement the other person stated she wanted to hand in her notice which we accpeted and said verbally 4 weeks from the 14th of january 2008 after 7 months of residing with us. The other person paid a deposit of 1 months rent before moving in and a months rent paid in advance to cover staying in the room but has been consistently late in paying the rent money so a decision was made by my girlfriend and i not to return the deposit due to the lateness of paying such rent. the arguement happened as we decided to draw up a contract for the other person living here and she challenged things and wanted it looking over by someone professional. we complained to her that we were sick of the noise she created on a daily basis and this comment sparked off her saying she would give her notice. We rent the property from a private landlord and my girlfriend's name is on the lease agreement. We wrote the other person a letter accepting her verbal notice to quit and granted her until the 1st of february 2008 to leave the property. We received a reply stating that she had consulted a solicitor and that she would only move out with her terms and conditions as the agreement we tried to get her to sign was null and void stating that there indeed was no written agreement between us only a verbal one. Also stating that because no written agreement or rental agreement was signed, then the document has no legal standing whatsoever. she states that she will move out of the property on the 1st of february 2008 if a full refund of outstanding rent paid is returned in full (which amounts to 1 week totalling £62.79)and a full refund of the bond paid of £270 at the start of her living with us. or she will stay the full term of the rental period (until 7th February 2008) and full refund of the bond paid. Does she have any rights to stay in the property within the boundaries of the law without a written agreement and only a verbal agreement or can we ask her to leave with immediate effect and if we do are we obliged to return any monies paid by her for rent and bond?

Please help as she is being awful to my girlfriend and now is involving her dad by saying that i got in her face (not true) and he is a monster who will eat me alive

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Guest louis wu

sounds like a bit of a nightmare.

 

there is a forum specifically for landlord/tenant problems, here's the link. I suspect you will get more specific advise if you ask the question there

 

http://www.consumeractiongroup.co.uk/forum/residential-lettings/

 

have a read and then post your question. Hope you get this sorted with the monster getting involved

 

best of luck

 

louis

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Hi All

My girlfriend and i have a person who rents a room in our flat with no written agreement and after an arguement the other person stated she wanted to hand in her notice which we accpeted and said verbally 4 weeks from the 14th of january 2008 after 7 months of residing with us. The other person paid a deposit of 1 months rent before moving in and a months rent paid in advance to cover staying in the room but has been consistently late in paying the rent money so a decision was made by my girlfriend and i not to return the deposit due to the lateness of paying such rent. the arguement happened as we decided to draw up a contract for the other person living here and she challenged things and wanted it looking over by someone professional. we complained to her that we were sick of the noise she created on a daily basis and this comment sparked off her saying she would give her notice. We rent the property from a private landlord and my girlfriend's name is on the lease agreement. We wrote the other person a letter accepting her verbal notice to quit and granted her until the 1st of february 2008 to leave the property. We received a reply stating that she had consulted a solicitor and that she would only move out with her terms and conditions as the agreement we tried to get her to sign was null and void stating that there indeed was no written agreement between us only a verbal one. Also stating that because no written agreement or rental agreement was signed, then the document has no legal standing whatsoever. she states that she will move out of the property on the 1st of february 2008 if a full refund of outstanding rent paid is returned in full (which amounts to 1 week totalling £62.79)and a full refund of the bond paid of £270 at the start of her living with us. or she will stay the full term of the rental period (until 7th February 200:cool: and full refund of the bond paid. Does she have any rights to stay in the property within the boundaries of the law without a written agreement and only a verbal agreement or can we ask her to leave with immediate effect and if we do are we obliged to return any monies paid by her for rent and bond?

Please help as she is being awful to my girlfriend and now is involving her dad by saying that i got in her face (not true) and he is a monster who will eat me alive

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Does she have any rights to stay in the property within the boundaries of the law without a written agreement and only a verbal agreement or can we ask her to leave with immediate effect and if we do are we obliged to return any monies paid by her for rent and bond?

Please help as she is being awful to my girlfriend and now is involving her dad by saying that i got in her face (not true) and he is a monster who will eat me alive

 

Verbal agreement in such situation may not be a perfect solution (for practical reasons) but it is binding and valid.

You can ask her to leave- she is an exluded occupier - but you need to give a "reasonable" notice.

Shelter: Eviction of excluded occupiers

 

The lateness of paying the rent is not a valid justification for withholding of the deposit.

 

An finally, if a monster was going to eat me alive, I would refund the 60 quid pronto, although you do not have to as she is liable for rent until the end of rental period. But do you know what? Get rid of her and find nicer lodger.

[sIGPIC][/sIGPIC]

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dziekuje my friend. My girlfriend is polish and saw your logo. i thank you for your reply and will use the link to forward to the other person via email so she can see where the law stands and hopefully will go away as soon as humanly possible.

 

Regards Lee and Kasia:)

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Please don't overlook the fact that you have no right whatsover to keep the deposit because of 'late rent payment' - deposits are for damages only, and she should be entitled to a full refund of the deposit if there is no damage in her room. As there is no written agreement, the tenancy shoud be periodic and to be fair on all counts you should really give her one rental period (in this case a month) as notice (someone please correct me if I'm wrong on this point).

-----

Click the scales if I've been useful! :)

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Demon as I read it(although the OPs original block of text is difficult to read!), the person in question is a lodger not a tenant? Hence there is no set notice period. Although it would be considered that one rental period would be a "reasonable" notice.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Sorry demon, obviously misread your post!! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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2 threads merged.

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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