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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
      • 162 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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Jacobs removal notice....Urgent advice please!


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Months before christmas a bailiff from Jacobs knocked on my door, collecting £1600 arrears in council tax. It was 8 am, hubby had just gone to work, kids were eating breakfast and like a fool in my pyjamas I let him in. Now, the account is in my partners name as I have an administration order so the council cannot approach me on this account, however the bailiff still asked me for payment (which I gave him) and did a walking possesion notice and accepted my signature on a payment plan. It was for £300 a month, we missed last months so now they have cancelled the agreement and turned up today with a removal notice. I did not answer the door but am worried if they come back as I am easily intimidated and have been by them before.

We want to pay but not that amount as we cannot afford it, yet they will not accept lower.

Is it hopeless?

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Guest Screw The Bailiff

You signed a Walking possessions agreement and this provides for the bailiff to charge the fee. As a levy has been made, he can (technically speaking) lawfully break & enter your home to take goods to the value of the debt.

 

You can do one of two things.

 

1. Pay the originating creditor the amount due - less the bailiffs fees. that'll revoke the bailiffs ability to levy on your goods and charge you fees. If its council tax, go to the council with cash or a credit card and get a receipr Be ready to do Magicians Choice if the council is uncooperative.

 

2. Pay the bailiff with a credit card, and ask for a break down of the fees, check that he hasnt over charged you by comparing them with the prescribed fee schedules.

 

For the time being, check the bailiffs credentials.

 

Report back if you find any regularities & we'll advise with further options. If the bailiff has overcharged or defrauded you in some way then you have restitution, its fairly common for bailiffs to accidentally overcharge a debtor but the law is there to protect you.

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Yet another example of why I have to say that you should NEVER allow a bailiff peaceful entry into your home.

 

In exactly the same way that our office sees all day long, this bailiff has set the repayments at a rate that is far too highh and ensures that the first payment is made on time and the next one ends in default.

 

This "trick" will allow the bailiff to charge an "attending to remove fee" as you have now "broken the arrangement". This is so common and in your case I am afraid is a problem as he may come back to remove the items.

 

Questions:

 

Who's name was the Liability order in. Yours or your partners?

 

Are you on benefits, or the person named on benefits?

 

What items are listed on the WP?

 

Finally, can you PM me with the name of the actual bailiff and the company he works for so that I can check if he is certificated.

 

I can then advise further.

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The liability order is in my boyfriends name, we are virtually separated so I am here on my own 90% of the time, am on tax credits at present but not housing/council tax.

Items listed MY tumble dryer, my landladies dishwasher, my landladies fridge freezer, and the microwave and my old tv i think, to be honest he listed the white goods without saying anything to me, i suggested the other bits and presumed he had only written them and I signed the form to realise later what he had done.

 

The debt is the current years c tax and the bailiff informed me the council contract them to recover it before the end of the tax year.

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Guest Screw The Bailiff
The liability order is in my boyfriends name, we are virtually separated so I am here on my own 90% of the time, am on tax credits at present but not housing/council tax.

 

You are not liable for your boyfriends debt.

 

Items listed MY tumble dryer, my landladies dishwasher, my landladies fridge freezer, and the microwave and my old tv

 

The bailiff has an invalid levy because a) the goods don't belong to the debtor and b) most of the goods are for basic needs. You or your boyfriend don't need pay the walking possession fee for an invalid levy.

 

Do you have a tenancy agreement showing ownership of goods? You can claim ownership by handing the bailiff this letter through the letterbox or a window. NEVER open the door to callers and keep windows secure until this matter is resolved.

 

If the bailiff challenges you on this, then you can consider making an official complaint against the bailiff for trying to enforce with in invalid levy.

 

Most of these items are for basic domestic needs/i think, to be honest he listed the white goods without saying anything to me, i suggested the other bits and presumed he had only written them and I signed the form to realise later what he had done.

 

The debt is the current years c tax and the bailiff informed me the council contract them to recover it before the end of the tax year.

 

Not your problem, if you entitled to benefits then claiming them is a good start. Bailiffs arent realy interested in taking goods anyway, they are worthless on the 2nd hand market, he just wants the money so he'll interfere with your goods to pressure you into paying.

 

If your boyfriend is a smart cookie, he can screw the bailiff.

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Guest Screw The Bailiff

Remember, if the bailiff threatens you with a locksmith with an invalid levy then this

us quite funny.
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  • 2 weeks later...

To all concerned --- do what I did, buy a £30.00 cctv camara, plug it into your telly and video each caller at your address, I promise you will catch them out with their lies and unlawful actions, any attempts of Deception under the Theft Act, report it to the Police! Don't hesistate, use the cctv as your main evidence and pass everything on to Trading Standards as a formal complaint against the bailiff company..don't hesitate, spend £30 on a camara, well worth it!

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Forgot to tell you all, there is a cctv camera available from good stockist for £30.00 which has audio, you will , I promise, catch them acting unlawfully! Attempt Deception is an arrestable offence under the act, note: any person may arrest any person 'committing' the offence, which literally gives you a power of arrest, I have advised the nobs calling at my address, attempting to deceive me, next time I will arrest them ,wgues what, its gone very quiet!

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