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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
      • 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 HELP!Parking fine and bailiffs


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Thanks for your help again tomtubby. I rang TEC on Friday and they told me the warrant was issued in October I believe. I have it written down somewhere and will PM you all relevant details when I can confirm it.

 

The Out of Time was faxed on Friday and I rang the TEC to confirm reciept (they are very helpful) so they should of called Drakes off by now.

 

I didnt recieve any warrant or anything just a letter through my mums door saying they had come to remove goods etc. When I spoke to bailiff she told me the charges as i have posted above and when I said it seems excessive for a first visit she said "oh its because its an ATR" and that was it.

 

I will draft a letter tommorow to send to Drakes basically asking for details of charges, when visits are claimed to have been made and why I have had no copy of warrant. Is there anything else the letter should include?

 

Thanks again for all your help!:)

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Copy of the Notice of Seizure of Goods & Inventory, which also along with the copy of the warrant, must BY LAW be left when enforcing a Warrant of Exection for an unpaid PCN.

 

The requirement to leave both these documents at the premises is CLEARLY stated on the actual warrant.

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Thank you Andy for your kind comments.

 

To my knowledge I believe that we are the only company in the country that works exclusively to offer assistance and advice to the public on all matters relating to bailiffs.

 

If you need any further advice on your Out of Time please do post here. In the meantime, I would strongly advise that you send a Subject Access Request to the bailiff company. There is a template letter from our website that you can find under ConsumerWiKi.

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To my knowledge I believe that we are the only company in the country that works exclusively to offer assistance and advice to the public on all matters relating to bailiffs.

 

... and thus have a vested interest in keeping the current situation going ?

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I didnt recieve any warrant or anything just a letter through my mums door saying they had come to remove goods etc.

 

I will draft a letter tommorow to send to Drakes basically asking for details of charges, when visits are claimed to have been made and why I have had no copy of warrant. Is there anything else the letter should include?

 

 

Copy of the Notice of Seizure of Goods & Inventory, which also along with the copy of the warrant, must BY LAW be left when enforcing a Warrant of Exection for an unpaid PCN.

 

The requirement to leave both these documents at the premises is CLEARLY stated on the actual warrant.

 

It is clearly stated on the warrant that a copy of the warrant is left with the Notice of Seizure of Goods & Inventory if goods are seized. As no goods have been seized, the bailiff would have no reason to leave these documents.

Certificated Bailiff

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John,

 

You are correct.

 

Sorry, I have been dealing with clamped or removed vehicles all week. In this case there was only the notification of a pending visit so of ourse the requirement to leave the Notice of Seizure would not apply.

 

A copy of the warrant may still be requested in your letter.

 

However, I will keep the reply as it is to advise others if a car has been immobilised or removed.

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I do not think that is the case as tomtubby has not told me anything about their company or asked for payment of any kind. :)

 

 

I can only speak as I find.

 

Tomtubby has contributed to another thread - about writing to Chief Constables - and issued a dire example of EXACTLY WHY Chief Constables SHOULD be informed of what is happening - yet when asked (3 times) to supply details, has failed to do so (despite visiting the forum numerous times since and answering many other threads).

 

I can only conclude (from this statement and statements made on other threads) that it must SUIT that person for the existing situation to be continued, where that person can assist "after the event" but does not seem interested in helping to ensure that the event does not occur at all !

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  • 3 weeks later...

Right today I recieved a letter from HMCS informing me that my application to file my statutory declaration out of time has been refused. There is no reason or explanation. Can anyone help with what to do now? Should I fill in the N244 application?:(

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