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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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Clamped on private property despite valid permit on full display


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Private land belonging to local council housing charity recently reintroduced clamping notices requiring vehicle owners to obtain parking permits from them.

 

A resident tenant (foreign person with language difficulties) from the estate obtained valid parking permit legally and in compliance but was clamped and the clamper states that the permit should not have been allowed and is in fact forged so clamping is lawfull.

 

Dispute arises and clamper even grabbed permit off him and demanded payment before release of clamp, i dont know if police have been involved or what the end result was

 

What I would like to know is what legally can be done, all the neccessary evidence and copies of permits issued can be obtained and even court proceedings can initiated.

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Private land belonging to local council housing charity recently reintroduced clamping notices requiring vehicle owners to obtain parking permits from them.

 

A resident tenant (foreign person with language difficulties) from the estate obtained valid parking permit legally and in compliance but was clamped and the clamper states that the permit should not have been allowed and is in fact forged so clamping is lawfull.

 

Dispute arises and clamper even grabbed permit off him and demanded payment before release of clamp, i dont know if police have been involved or what the end result was

 

What I would like to know is what legally can be done, all the neccessary evidence and copies of permits issued can be obtained and even court proceedings can initiated.

Have a read of the clamping guide in the stickies section there are some suggested remedies and actions in there. - it sounds to me like there would be a case against the council housing charity and their agent.

 

I would gather your evidence first and then go after them. Best place to start would be to contact the managing agents and put them in the picture. Ask them to intervene with the clampers and arrange for a full refund. Make sure you fully explain your situation and reasons for your dispute.

 

If you get no joy, write a letter to open a dispute with them and if they fail to respond or refund then send them a letter before action. Give them 14 days and if they fail to respond file a case using the online court service Money Claim Online (MCOL).

 

Also it sounds like the clamper used some form of physical force to get the permit away. There may grounds for an assault complaint to the Police. It would strengthen your case against them.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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