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By BankFodder · Posted
If we can establish that he is trading then you will be protected under the Consumer Rights Act 2015. If we can't establish that then he would have to be treated as a private seller. I know that on Facebook you have been advised that you have very few rights – but this is not true. Apart from anything else, it's an offence to sell a vehicle which is not in roadworthy condition and it sounds to me as if your vehicle is not in roadworthy condition although we may will have to get an independent inspection. I understand that you had a mechanic give it a pre-MOT cheque. Was that before or after it was purchased? A few problems here – first of all, the van was very cheap. This doesn't reduce your rights anyway but what it does mean is that it may be less worthwhile taking an action that we will have to work that out later. Secondly, you bought the van from a dealer about 130 miles away. This means that if it has to be returned, there is a 130 mile trip to get it there and then you have to come back. Although it's a bit late for you, please follow the link to our used car guide and see what we say about protecting yourself when you buy used cars and in particular what's the little video towards the end of the thread. You won't feel good about it but you may as well learn something for the future and of course other people who visit this thread for that as well. Finally, if we end up having you bring a claim against him in the County Court, I have no doubt but that you will win but enforcement could be tricky. I think the first thing to do is to consult the land registry web search service and find out if he owns the property that is trading from. If he does then at least you have identified an asset and enforcement will be much easier. You can access the land registry website here Summary of freehI think it will cost you about 3 pounds.old - Search for land and property information SEARCH-PROPERTY-INFORMATION.SERVICE.GOV.UK I think it will cost you about £3 or so. Make sure you use the website link I have given you above. It is a government one. There are lots of private websites which look as if they are government and they charge you a lot more money for giving you exactly the same information. -
Thank you for your help Yes for some reason it would not allow me to update that thread. I assumed it's been archive? -
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If you are buying a used car – you need to read this survival guide.
BankFodder posted a topic in Vehicle retailers and manufacturers,
If you are buying a used car – you need to read this survival guide.-
- 1 reply
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Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld
ATJ posted a topic in Vehicle retailers and manufacturers,
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
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A2Dominion - Housing Association property flooding - damning ombudsman report
WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,
Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299-
- 161 replies
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
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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