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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 
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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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Radio 5live piece on Bailiffs. A bailiff said the law is changing this year to..


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Yes my friend. Welcome to England 2008.

 

bailiff law

 

 

UK bailiff law 'worst in world'

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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Quite true I'm afraid.

 

Excellent sticky thread on this topic

Tribunals Court and Enforcement Bill

 

Hope that helps.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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allow forced access for Bailiffs.

 

Is this true?

 

Although the Bill has been passed, as far as I'm aware, the section allowing "forced entry" by bailiffs has not been enacted yet - and will not be enacted UNTIL the government have set-up a proper regulatory system for bailiffs.

 

But - if you believe that, then you will also believe that your data is safe in this government's hands and that it would be safe for ID cards to be introduced immediately !

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The relevant section of Part 3 of the TCE Bill dealing with the bailiffs right to force entry has NOT been enacted yet and we have been reassured by the Minister responsinle that this will continue to be the case until such time as a regulator has been correctly set up.

 

At this moment in time, the governments preffered choice of regulator is......The SIA. This is of course the very same organisation that would appear to have allowed thousands of llegal immigrants to be given certificates to work for secutiry companies some of which provide security for part of the House of Commons. Like many others, I have opposed the SIA as being the regulator of bailiffs.

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Thanks for that.

Pretty much sums up the sorry state of affairs in this country.

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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If this does become law and bailiffs start "kicking in doors", a bailiff will end up being killed.

Imagine this........

I'm in bed during the day sleeping(I work nights), all of a sudden the doors kicked in and a couple of big blokes come running into my house shouting"bailiffs", I jump out of bed and hit/stab/punch them, would I be in the wrong?, how do I know thier bailiffs and not burglars useing the word bailiffs as a cover?. Very worrying.

The bailiff industry will say "there will be strict rules and guidlines in place, etc etc", but, as we all know, they break the law now, and there are laws in place to protect us, will bailiffs become law abiding overnight?, I doubt it.

Is it any wonder more and more people are leaving the country every year?.

Great Britain?.....NOT ANYMORE!!!!!.

All I ask is to be treated fairly and lawfully.

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If this does become law and bailiffs start "kicking in doors", a bailiff will end up being killed.

Imagine this........

I'm in bed during the day sleeping(I work nights), all of a sudden the doors kicked in and a couple of big blokes come running into my house shouting"bailiffs", I jump out of bed and hit/stab/punch them, would I be in the wrong?, how do I know thier bailiffs and not burglars useing the word bailiffs as a cover?. Very worrying.

 

Q. Do I have to wait to be attacked?

 

A. No, not if you are in your own home and in fear for yourself or others. In those circumstances the law does not require you to wait to be attacked before using defensive force yourself.

 

The above is taken from "Householders and the use of force against Intruders" published jointly by the Crown Prosecution Service and the Association of Chief Police Officers. It's leaflet f4 .... everyone should obtain a copy of it.

 

It also says .....

 

Q. What if the intruder dies?

 

 

A. If you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully.

 

The Government are unleashing something - the new bailiff law - which they will come to regret very much, I fear.

 

You can read it in full on the CPS website -

Householders and the use of force against intruders

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ah but ... reasonable is a very vague term. I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Will you believe the intruder rather than me?

 

The police weigh all the facts when investigating an incident. This includes the fact that the intruder caused the situation to arise in the first place. We hope that everyone understands that the police have a duty to investigate incidents involving a death or injury. Things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers.

 

Oh really? Presumably hes a criminal or a drug dealer, because he had a shotgun

errrrrrrr, he a farmer , fergossake.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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How would the police and CPS handle the investigation and treat me?

 

Like a criminal, what else?

 

 

Innocent until proven guilty doesn't seem to apply.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Share on other sites

is better to ask forgiveness rather than permission.

is also better to die on your feet, than live on your knees .

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

 

... and didn't he receive overwhelming public support (including his sentence being reduced)? Didn't national newspapers campaign ON HIS behalf? Didn't this case make police / government clarify the law?

 

This is all about perception ... bailiffs threaten break-in etc in order to get you to agree to their exhorbitant fees etc.

 

Do you think a bailiff would be so keen to break-in if he thought you had a rottweiller in the house?

 

Do you think a bailiff would be so keen to break-in if he thought you would defend yourself?

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ah but ... reasonable is a very vague term. I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

 

Tony Martin made a mistake, he shot him in the back with an illegally held pump action shotgun.

 

If he'd been quicker and shot him from the front then that might have been different.

 

Kenneth Noye however, murdered a policeman with a knife, and got away with it.

Sorry, he was acquitted, but the police aren't looking for anyone else.

 

It's how you tell em

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Just out of interest, where did this legislation come from, who requested it and why ? I must admit normally I'm in the dark about how laws come about but I'm thinking of doing some research on this.

 

Apologies if this is on a sticky somewhere, if someone has the link I would be grateful...

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Just out of interest, where did this legislation come from, who requested it and why ? I must admit normally I'm in the dark about how laws come about but I'm thinking of doing some research on this.

 

Apologies if this is on a sticky somewhere, if someone has the link I would be grateful...

 

Generally speaking, everyone agrees that bailiff law is out-dated and needs modification. Most of the existing "law" is over 1000 years old and based on Common Law and practise rather than legislation.

 

The Government, however, has made a real dogs breakfast of this by taking away rights which we have had for 1000 years and not exactly coming up with a reasonable regulatory system.

 

See Peter Bard's excellent "sticky" above, http://www.consumeractiongroup.co.uk/forum/bailiffs/61524-baliff-petition-stop-them.html for a detailed story of this legislation.

 

Good Luck.

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