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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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Help Please recieved a notice of removal CC


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Just got in and found a letter from HMCS For notice of removal , it say theu will be back on thursday with police & locksmith and will enter and take goods to to the amount of £162 ! if i am in or not! ,unless i pay , i can't afford to pay as im not in employment ! What shall i do ? please any info greatfully recieved

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If you are unemployed then you are classed as a vulnerable person because you are living below the government's poverty threshold. http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Bailiffs Ltd

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I have been medically declared by a doctor to be a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

 

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You send the above letter to the bailiffs (not the county court) and they should return the case back to court. Your partners finances are not taken into account unless co-named on the order. The court might ask you for poof, just show your ESJ40JP. Bear in mind the enforcement guidelines are not legally binding.

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No you must post it, email as well as, but NEVER instead of posting. Mark the letter BY POST AND BY EMAIL. You are not in employment an ESJ40 is the book you present when you sign on.

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Ok will send it today recorded , i dont sign on , i just handed my notice in when i finished maternity leave and am now just look after my baby and we manage on 1 wage as i didn't think i was entitled to sign on

 

thanks

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It makes a heck of a lot of difference. This is a CCJ? There is no power of entry to your property unless he is invited in by you. Threatening you with police and breaking into your property commits an offence. Make a copy of that document and send it to your local police station with this letter.

 

To whom it may concern

Name of Police Station

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Report of offences committed under Sections 4 of the Fraud Act 2006

 

I was visited on [DATE] by [NAME OF BAILIFF(S)] who I understand might be a bailiff from [NAME OF FIRM].

 

I have enclosed a copy of a document which was left by the bailiff and says they will return with police and locksmith. I understand this is misrepresenting his authority and commits a criminal offence. I understand no such power to break & enter my property or make threats of this nature exist without having permission from a Magistrate.

To assist police to perform a thorough and objective criminal investigation I enclose a copy of the document which details the name of the person making the threat.

 

I am happy to stand as a prosecution witness and provide a statement for the proceedings and you can contact me on [PHONE NUMBER] to arrange this. Meanwhile, please provide me with a crime reference number.

 

Yours Faithfully

 

 

 

[YOUR NAME]

Enc copy of threat document

Edited by BURP
typo
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