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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
      • 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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3 weeks before xmas bailiffs turned up at door - son in on own so didnt answer. They put a letter thro door. Husband called number and left message on answermachine offering to pay £200 per month - no reply and then they turned up again.

Husband refused to let them in advising we had made an offer - they said this was to another colleague of theirs who had not passed on the info! Husband again reiterated offer which they refused unless they could gain access to property to take walking possession. Said they would return on the Friday and if they didnt gain access "would send in the enforcement team" also saying "we know how to deal with people like you".

As our teenage son is often in the house after school on his own we agreed that they could come back on the Friday which they did and took walking possession of our goods -we paid them £200 and agreed £200 per month. I asked if we could pay on the 1st of each month which was refused saying we had to pay on 19th or make 2 payments this month - unreasonable!

Now we have received another visit from them relating to a different council tax account and I can see this hassle starting all over again - i really dont want to let them in again (more charges!!) - any advice on how to deal - he really is a bully and his mate is absolutely huge.

Thanks

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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can they not put the second case on hold until such times as you have paid off the first case, surely if your paying one case and dont default then they can sit on the other case, also if you have no other goods to levy on then they cant put you on to an arrangement for the second case anyway, what goods did they levy on for first case??

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Now we have received another visit from them relating to a different council tax account and I can see this hassle starting all over again - i really dont want to let them in again (more charges!!) - any advice on how to deal - he really is a bully and his mate is absolutely huge.

Thanks

 

By now you probably know that you didn't have to let them in in the first place, they are accomplished liars because they say this sort of stuff to people all the time. They had no right of entry and you should have left them outside for as long as they wanted. It was certainly cold enough to discourage them for waiting for very long.

 

However that's one liability order, and now you are talking about another.

This time I strongly suggest that you don't even acknowledge their presence at the door, and only communicate with their office either by email/backed up by letter or recorded telephone conversation if you really want to talk to someone at the bailiffs.

 

You NEVER EVER let them in, and NEVER EVER get into conversation with them, you should'nt give them any feedback at all.

 

Now that you have signed a WPA and let the first lot in, you'll have to keep to that agreement, because they now have the right of entry. Actually they don't want your stuff, it's more trouble than it's worth to them; what they want to do is scare the money out of you.

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It is time you started reading the posts and stickies on this site to see just what bailiffs can and can't do.

 

Don't be intimidated, keep to the deal you've already agreed to and don't communicate with the muscle heads again - do check that they have current certificates to collect for that company, because if they haven't the WPA will be invalid and that would change things completely.

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Thanks - I am going to contact the council today and see if they will deal with us direct. I know we shouldnt have let them in but my son was terrified with 2 big heavies banging on the door for 20 minutes and I cant have that.

We did try to speak direct with the Bailiffs office and she was unhelpful and rude so that isnt an option

Lamb to the slaughter - I am in Hampshire.

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Hi All

thanks for your advice and support which gave me the confidence to ring the council this morning. I spoke to a very helpful gentleman who has noted down all my complaints about the bailiff concerned and agreed that the new debt can just be added on and I can continue to pay at the agreed rate - he is going to contact the bailiff's immediately to instruct them not to attend again.

A result as far as I am concerned.

Thanks again

Won £3800 from Lloyds!

Issued one letter

Issued court proceedings

Defence entered by Lloyds

Entered my Allocation Questionnaire

Unless Order from District Judge

Lloyds failed to comply

Entered Request for Judgment

Judgment Entered

2 days later money in bank!!!

:D

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Share on other sites

Thanks - I am going to contact the council today and see if they will deal with us direct.

 

On what basis? You see the council are contractually obliged to hand the account to the bailiffs unless you fall into on of the vulnerable categories.

And as council people often do, they take the line of least resistance and will be very unhelpful - it's easier.

Also they are liable for the bailiffs actions, so it's in their interest to maintain that the bailiffs are acting correctly.

 

 

I know we shouldnt have let them in but my son was terrified with 2 big heavies banging on the door for 20 minutes and I cant have that.

 

This is fairly normal behaviour, and if you can't cope with it, expect a miserable time because if they think that you'll fold after a bit of drumming on your door - then they'll do it all the more.

You just have to toughen up a bit and ignore them, they will go away because they don't have the right of entry, they aren't stupid, and they won't waste their time on someone they know won't open the door, but they'll spend lots of time on someone they think they can scare into opening the door.

 

 

We did try to speak direct with the Bailiffs office and she was unhelpful and rude so that isnt an option

 

Speaking to the bailiffs is NEVER an option - only ever email and write to them, and when you do use a template letter so they know you are getting the right information and support.

They aren't paid to be helpful and nice - they are paid to get the money off you and fear works very nicely as a tool.

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