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    • You should start putting everything in writing. Even the ombudsman, to begin a serious complaint by telephone is quite frankly crazy. I hope you have taken a copy of at least the advertisement that you have posted above.  I don't suppose that you kept a copy of the original AutoTrader advertisement.  How much in writing have you got of anything? I would suggest also that you telephone the ombudsman tomorrow and ask them for details of the complaint that they have received from you and tell them that you want it in writing.  You will be amazed how scant The records of which are kept by these people. Read our customer services guide and at least actually give you some idea of how you should deal with customer service people or any call handlers on the telephone.  It is very important that you get a written summary of the report which you made to the ombudsman so that you can see exactly what they are investigating. The complaint to the ombudsman should have been very carefully considered over a period of time rather than simply made in a phone call
    • Funnily enough the ad is still available online Range Rover 4.4 SDV8 Autobiography LWB Previously Sold | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire but the autotrader version isn't which was probably slightly different potentially with more information. Reported to FOS over the phone but essentially gave them the same information I've stated here, updating them that I'm paying for a car I haven't had for nearly a month now etc I'll certainly come back with an update. Fingers crossed they will realise it's not worth taking to court. So the inspection among other things found a hairline crack across a load bearing section of the chasis which at the minute to the naked eye looks tiny but could turn out to be catastrophic and has had some filler chucked on top of it but we'll see what Clinkards inspection comes back with. Distance wise I believe they're around 165-170 miles away from me. Also I'm sure many people will have PCP agreements as it's the most common way to buy cars under 5 years old but they just forgotten the terminology or name for it. Pay deposit, choose a length then pay the difference between value today and guaranteed future value at the end of that agreed term   Whole experience has scarred me and moving forward I'd be tempted to pay for a pre purchase inspection myself because these guys are bigggg traders with a lot of top end cars. I just hope they don't make any more silly offers
    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
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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
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    • 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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whats my chances? tds...


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Hi,

 

Ive recently been in a dispute with the landlord over my deposit, they are saying i owe £325 outstanding rent from my £625 but i feel i dont as i sent in the correct notice but the issue is, the agent have said they did not recieve it. The downside was i didnt send it record so thats my fault but i did send it and i handed the keys back a few days later when i was out, the agent even agress that common sense says i moved out as i handed them back in and she understands that i more than likely gave notice but they cant take my word for it.

 

The landlord has refused to let it go and wants the money, i am refusing to give them all that as i think its unfair as during the tenancy they broke there part of the contract by turning upto the house and pestering us with no prior notice or word from agent which they should do.

 

The agent has tried to speak to the landlord and get her to leave it but they are having none of it, i sent the agent my copy of our notice but again this is no good to them as they didnt get the original.

 

The next step is taking it to the TDS....

 

The agent informed me this could take a while and to make sure i note down everything i feel needs to be down including them visits without notice. The agent also rang me a few days before the end of the tenancy and said the other landlord says he wants us to stay there and we can if we want, so at the same time the other landlord is wanting us out. I feel they are part to blame also for this mess we was in.

 

Can anyone give any advice on what i should do? Do i stand a chance with the TDS? do i write the landlady a letter ? small claims? is there anything i can do as this is unfair.

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Its protected with the TDS but its who they side with ? just like to know my chances given all thats stopping me gettin it in first place is this non delivered notice

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Then all you can do is raise a dispute with TDS and submit your notice letter, the agents letter etc.

 

A letter doesnt have to be served special/recorded delivery to be deemed served so I think your landlord will struggle on a balance of probabilities.

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Well the agent requested a copy of my notice which i sent to them recorded this time. If the notice does not have to be sent recorded/special to be deemed served then surely they cannot withold my deposit?

 

Its the landlady who is refusing to budge, As i said the agent agrees with me and all the relative calls / facts but they say they cannot do nothing as they didnt get the first notice letter.

 

Should i go to my local CAB?

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Well the agent requested a copy of my notice which i sent to them recorded this time. If the notice does not have to be sent recorded/special to be deemed served then surely they cannot withold my deposit?

 

Its the landlady who is refusing to budge, As i said the agent agrees with me and all the relative calls / facts but they say they cannot do nothing as they didnt get the first notice letter.

 

Should i go to my local CAB?

 

I would simply use the TDS scheme dispute resolution, thats what its there for.

 

Your former Landlady is probably struggling financially hence her reaction. TDS resolution will be the quickest route.

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Went to CAB this afternoon and they have told me to come back on the 8th april for a "specialist" appointment who can help me further. In the mean time they suggested i email the agent telling them to inform the landlord i will be seeking further advice and so forth and i expect my deposit to stay as it is on hold etc....

 

Is there anything else someone can maybe suggest i put in the email to the agent maybe to try and see if the landlady budges, like maybe i can claim i am seeking court action or something? i aint got a clue :s

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7th July 2008 - 7th January 2009

 

We got given a renewal around 19th decemeber for a further 6 months.

 

27th December we got handed by the agent our 2 months notice, 11 days before our tenancy expires.

 

4th Jan, we rang agent to confirm if we can give 1 months notice. They said yes just stick it in post etc.

 

5th Jan, we did this but it got lost they said.

 

6th Feb 2009 we moved out and paid up untill the 7th Feb 09 given the date it went from 7th jan to 7th feb on a periodic

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Sorry, I'm confused. Just trying to work out if the LL had already given you notice.

 

I assume you had a shorthold tenancy. Your 6 month's fixed term started on 07/07/08 and would therefore have ended ln 06/01/09. You could have moved out on the last day of the original term (6 Jan), without giving notice. But as you were there for a month after that anyway, you would have had to give them a month's notice to leave on 6 Feb.

 

How come they gave you a renewal on 19 Dec for further 6 months? After original term, it usually turns into periodic tenancy (one month's notice by tenant/ two month's by LL if you pay monthly).

 

And what did the agent advise you on 27 Dec? You say, "27th December we got handed by the agent our 2 months notice." Did they want you to leave on 6 Feb?

 

Also, with TDS, did LA/LL give you an entry condition report? Did you take photos? If LA/LL do not specify condition when you moved in, they would find it hard to justify deductions for damages, although you don't mention this anyway, so that doesn't seem to be the problem.

 

Definately contact the TDS and put it in dispute to cover yourself.

Edited by slc79
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Hi,

 

I have no idea why they gave us a renewal around the 19th December then 2 weeks later gave us notice, maybe the landlady had a change of heart. All the agent said on the 27th december was that we have 2 months to move out and that was what our notice letter basically says which he handed us.

 

As our tenenacy ended in jan, it rolled onto a periodic and thus we gave 1 months notice which is exactly what you should do.

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Make sure you register your dispute with TDS. From previous posts I believe there are certain time limits on registering a dispute which you may miss by the time youve waited for CAB to grant you an audiance.

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20 working days from when?

 

From when you leave the property I suppose.

 

http://www.thedisputeservice.co.uk/resources/files/TDS%20E%20What%20is%20TDS%20A4.pdf

 

I must admit I am unsure of your reluctance to submit the matter to TDS? that would have been my first port of call if I where in your situation, well before CAB.

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Hi There

I'd really appreciate any help anyone can offer.

I'm a young girl in my early twenties and have been living in a rented property since last June, and moved out yesterday.

The property was DISGUSTING and in a state of disrepair- I've put up with mice, no heating, no water, windows that don't shut (and that's just to mention a few things).

When I moved in last June, my landlord took from me 2 months rent (£620 per month)... He told me £620 would be kept as a deposit until I left the property. However, the wording on the lease says "2 months rent in advance". Now, this money is clearly a security deposit despite the wording because of the following reasons:

1- The money was never used as rent. Despite paying "2 months in advance" on 6th June, I then paid my first full month on 1st July (and this is written/demanded in my signed contract)

2- I then continued to pay £620 per month (at the start of the month, to cover the month) with my last payment being on 1st March. So once again, the "rent in advance" was never used as rent in advance.

3- My landlord then withheld some of this money for marks on the carpet (despite having deducted money from the previous tenant's deposit for the same reason)... so it was therefore used as a security deposit, because if this was "rent" then he had no right to withhold money. He gave me a receipt to say he had returned the money, less money for the carpet and we have both signed it.

So.... other than his wording, this was 100% a security deposit and this is what I had been told verbally- it was never used/intended as rent in advance from either myself or my landlord.

Now, I have checked with the three tenancy deposit protection agencies, and none of them have a deposit registered for myself, or the address I was living at.

What are my next steps? I have kept copies of my contract (original), receipt of him taking the deposit, receipt of him returning (some of) it, receipt of my written notice to him and I made sure that (despite him asking for cash payments for rent) I paid him by bank transfer so have record of all my rent leaving my account for his.

I have spoken to county court and they have sent me type 8 court papers for a small claim, but these aren't easy to complete, I don't know where to send them to or with what money, and can I represent myself???

Am I entitled to claim 3 x my deposit under the tenancy deposit protection scheme (he is not a live in landlord, the property is private and he does not, that I know of, receive over £25k in annual rent for the property)

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