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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 
      • 81 replies
    • 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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Bristow and sutor gave me five days to pay or take car.


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A couple of questions

 

Your C/tax was for £500

you paid £100 to the council

you paid £400 to the bialiff

 

Is this correct

 

If this is correct then the bailiffs fees will have been taken out of the £400 and therefore you will still owe the equivalent of the bailiffs fees to the liability therefore they have the rights. you do need to tell the whole truth if you want poeple to help because it seems rather bitty.

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No maybe your getting confused with the two threads i have

 

I have two council tax issues one is for £101.13

 

Rossendales came and i paid the £101.13 to the council and have also now paid £400 ish to rossandales (paying the debt twice as they were going to take the car)

 

Bristow and sutor i have the same issue with except i have paid the council tax bill of £400 and i am not sure if they will be coming here tomorrow to try and collect their fees.

 

So basically total is £500 council tax all paid online.

 

I have also paid £400 in bailiff fees.

 

Total £900 outgoings for £500 debt.

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Intrigue - First and foremost, do not lose sight of the fact that what is written on the magistrates liability order is the amount you owe. That is ALL you are legally required to pay unless the bailiffs produce a court order for their fees, which I can guarantee they will not have. You are not in contract with them, so you haven't agreed to pay them anything for them to sue you over.

 

Tell the council in no uncertain terms that you have paid what is written on the liability order to the bailiffs and therefore you have discharged your legal liability.

 

Then tell the council that if this money has not been passed on then the council must contact the bailiffs for the balance.

 

Finally tell the council that you have not seen any court order for any amount over and above what is written on the liability order and that without any such document you are not legally obliged to pay any more.

 

Do not debate the situation any further with them as the matter is now closed.

 

Better still drop a letter outlining these points onto their front desk.

 

Job done.

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