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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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hi guys ,

I have a question regarding Ross and Roberts fees .

 

They were instructed to collect my council tax arrears of around £800 ,

I entered into an agreement to pay at £150 pcm and they levied on my car ,and charged me around £150 to do so .

 

I was late with a monthly payment and a bailiff turned up saying that unless I could pay £500 there and then that he would take my car .

I couldnt do that ,but offered to pay it two days later ,when I got paid.

He refused.

 

He made a call and said that someone was coming to take my car .

I phoned a friend who offered to lend me £350 ,which the bailiff accepted .

 

I never saw anybody turn up with a tow truck ,and he made a call to someone to cancel taking my car .

 

I then entered a new agreement to pay £150 pcm .

 

later I realised I had been charged about £310 for the visit

- presumably 150 for him ,and £160 for the tow truck ,which I never saw and was not used .

 

Is this allowed/right ,or have i just been screwed?

 

Cheers

 

SF

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Thanks for the responses folks - a more detailed breakdown follows.

 

First visit - not in

 

Debt 769.84

fee 24.50

TOT 794.34

 

2nd visit

 

Paid off previous account of 254.01

 

 

Current debt to Smiths bailiffs

 

TOT from above 794.34

Levy fee 49.00

Walking pos fee 12.00

Charges 49.00

TOT 904.34

 

Agreed payments of £150 PCM from 28/12/08 ,levied on my car.

 

21/1/2009 ,not been able to make first payment

 

Turns up ,a/c now with Ross and Roberts(Smiths sold)

 

Went through a few hoops and paid him £350 ,agreement to continue at £150 pcm

 

Got a receipt from him showing bal of £738.84 , with costs of £319

 

 

On looking at the maths of this whole case closely ,it just does not add up - literally!

 

 

£904.34+319-350 is 873.84 ,so our balances are £134.50 adrift (at least it is in my favour) I think i might be able to account for £24.50 ,as when my car was levied I was again charged a first visit fee of 24.50 ,which they may have written off ,though I would be amazed!

 

Does anyone have any thoughts on this ,as I am beginning to lose a grip on it!Also ,would it be reasonable for them to turn up in a small van to attempt to take away a large car and charge me for it,and also to charge me for a truck which was never needed!Lastly ,if a bailiff company changes hands ,is there any process that needs to be followed ,ie notifying debtors ,etc?

 

Cheers

 

SF

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I am trying to find out if a bailiff is currently certificated ,but the process now seems very hard ,to say the least!

 

The no 0207 210 0516 is no longer available ,nor is 0207 210 1883 ,both numbers for HMCS headquarters.

 

i understood the list they keep is a little out of date(or can be-updated Nov annually?) ,so I tried my local county court ,who have no record of the bailiff I am checking(NO names in public!).the bailiffs company say he has been registered at my local county court for nearly a year ,so this is before Nov 2008 ,so do I smell a rat?

 

Also ,if the bailiff changes employers ,I assume that the certificate has to be updated ASAP ,or levies will be invalid?

 

Cheers

 

SF

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If you have the name of the bailiff, then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate. Their list is not always up to date however but they will be able to tell you which court issued the original certificate and you can then call that court.

 

 

 

You can also check with the OFT who maintain a register of bailiffs at this number 020 7211 8608 .

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hmmm whats the bit about smiths selling ? these arent debt collectors, bailiffs cant be in the business of buying debts. Bailiff companies have to tender for the contracts. Are you sure Smiths havent just returned the order to the council once they got their fees ?

 

 

Sorry ,should have made myself clear.Smiths Bailiffs was taken over by Ross & Roberts after the founder of Smiths died.

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