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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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Landlord Harrassment


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I recently vacated a property after losing my job in October. I advised the landlord that I couldn't pay and agreed with him that I would lvacate early on the basis that I leave the property in reasonable condition.

 

At the point I left there was one months rent overdue however he held a month deposit plus £100.

 

Shortly afterwards he sent me a bill for £1700 in mostly spurious charges. I accepted that I was responsible for repairing the holes in the wall where my TV was fixed but other than that the house was left clean.

 

I offered what I consider to be a reasonable sum to put this right but well short of the ridiculous figure he is quoting. He rejected this and insisted that I pay the £1700. I responded by advising him that I would not be paying his estimates but in order to conclude this sage I suggested that we let the county court decide and I would abide by their decision.

 

I have since found a new job, quite a good responsible job, he knows where I work because he opened my contract of employment that was sent to that address in error. (I can't prove this)

 

Since then he has threatened me on numerous occasions with underhand tactics and has taken to sending letters to my family members outlining his side of the story.

 

Further more he has started to phone me at work advising anyone who answers the phone that I owe him money and won't pay my debts. He has also threatened to write to my MD. He has advised all the utilities that I won't be paying the final bills but I can be contacted on my work number and that he 'urges them' to make known the reason for their calls.

 

What do I do to get this guy off my back?

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If you feel harassed, this is a police matter. Call them, get it looked into.

 

Any deductions have to substantiated. Invite him to take legal action, as a court will look at the case and decide if it is fair.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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I agree with Esio that your landlord's actions amount to harassment. I have been in a similar situation with calls to work in which my former landlord detailed why he was ringing to whoever answered the phone.

 

This started out over claims that I hadn't paid rent, despite having bank statements showing all the payments, but he then became fixated upon a telephone that I had unplugged becaus I had my own - he claimed I'd stolen it, and must then have broken in to place it in the drawer where he found it...

 

In my case, on legal advice I initially made sure that I wrote to the landlord and made quite clear that:

 

- I was unable to take personal calls at work

- he should stop calling me at work

- I viewed his actions as harrassment

- he should only communicate in writing

- he could go to court if he thought I owed him money

- ho could go to the police if he thought I'd committed a crime

 

He continued, and began leaving messages on my answerphone at home at all hours, so I went to the police. Being able to show that I'd written to ask him to stop harassing me definately helped. The police visited the landlord and told him that any further harassment would lead to his arrest. I heard no more from him.

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