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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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You would each need to pay the OR's deposit of £360. There is no getting out of that one.

 

If you are on certain benefits, or have a gross annual income below a certain level then you may be exempt from paying the additional £150 court fee that is payable on top of the above.

 

The exempting benefits are:

 

• Income Support

• Income based Jobseeker’s Allowance

• State Pension Guarantee Credit

• Working Tax Credit but not in receipt of Child Tax Credit

• Income-related Employment and Support Allowance

 

It is explained here if you can manage to wade through it all: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_e.pdf

 

Thinks carefully, but if you do go down this route then you are far from alone. ;-)

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I think 1 year is now commonplace??

 

You are now discharged automatically after one year.

 

If your case is fairly straightforward and the admin can be done quickly then you may get Early Discharge.

 

Technical: IEL Reference Guide: DISCHARGE

 

The quickest possible for that under the regs is just over 5 months.

 

Basically, expect to go the year and if you are discharged earlier that is a bonus.

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To be honest, I think I have now seen literally hundreds of people in your position go through bankruptcy and I am seriously struggling to think of anyone where it in itself has caused a problem with a landlord/tenancy (bankruptcy clause or not).

 

What a landlord cares about is that you pay your rent after all.

 

There is a good argument that once you are rid of your debts, you will find it easier to make your rent. In some ways a BR is a good bet, since they don't have debts to service.

 

Since you have also been there 6 years in good stead I find it hard to imagine a problem.

 

Once you go BR you can also ask the OR if they would mind not contacting your landlord. S

 

ome will agree to this if you can show them the tenancy agreement and that you are up to date with it.

 

Some just won't agree full stop.

 

It is a nit of a lottery, but does no harm to ask.

 

Hope that helps. :)

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Regards the fees. Here is some advice posted by NorthEast Derbyshire CAB elsewhere:

 

For those who have taken proper advice and decided on bankruptcy as the long term option for dealing with their debts, it is often difficult to raise the necessary fees. It is our experience that any delays in raising the fees for bankruptcy can often prolong the stress and suffering for those with overwhelming debts.

 

For anyone in this position, there are a number of charities and organisations that may help with Bankruptcy costs and fees depending on eligibility. Examples below.

Please note you will usually need the assistance of a recognised Debt and Money Advice Worker in completing applications relating to the above.

 

Also, please be aware that any applications to the above may take a number of weeks and are not guaranteed to be sucessful, however we know of many successful applications so it may be worth a try.

 

Wishing you luck, NEDCAB.

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It is a long shot admittedly, but I know a few people who have had their fees paid.

 

If you have no feasible alternative it might be worth a go.

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