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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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HFO - Help


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I have seen a few posts here about HFO and helpful advice. My problem is the same as in im getting phone calls from HFO, but the phone calls are not for me but for my son. he does not live with me any more and hasnt for a good while,, i do have a mobile number which i have given them but they are still calling me and talking about black marks against my address etc. and the last phone call saying i was lying about my son not living here,,, this is because i dont know where he is living but they are saying he is still at my address as far as the electoral roll is concerned... I dont think he is but dont know how to find out?

do i have to just keep putting up with these calls? should i just put the phone down when i relise who it is? The other day a lady who called said someone was coming to my house to investigate?

Any help at all would be appreciated. thank you.

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They cannot 'blacklist' an address so don't worry about that. Make a complaint to your local Trading Standards & the OFT about this company and send them (HFO) this letter;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have informed you that the person you are seeking does not and to my knowledge never lived at this address or held this telephone number.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

Print name do not sign

 

Edit to suit

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Check to make sure your son's name is not on the electoral roll most libraries have a list then if it is still listed get his name taken off. As cerberusalert says they can't blacklist an address. I would have thought when you are required to complete who lives at your address you have not included in your son. These people will try anything. DG

I have no legal training my knowledge comes from my personal life experiences

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Thank you so much, DG and cerberusalert. So i can just ask at the Library to check if he is still listed as living here,,, I honestly dont think he is as he has been left home quite few years,, and when he first left home it was to join the RAF,,, he left the RAF about a year ago or a bit more maybe.

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If you can't get the information from your local library, your local council office should be able to tell you. If he was in RAF did he still have a vote from your address if so thats why they say he still lives there. My brother in law was in the Army and he was still registered at his home address. It's just worthy checking and then you can remove him if he is still on it.

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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If you can't get the information from your local library, your local council office should be able to tell you. If he was in RAF did he still have a vote from your address if so thats why they say he still lives there. My brother in law was in the Army and he was still registered at his home address. It's just worthy checking and then you can remove him if he is still on it.

DG

Ok thanks again:)

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The other day a lady who called said someone was coming to my house to investigate?

 

Include this in your letter too;

 

Dear Sirs,

 

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

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thanks again for all your help. The thing is about saying i am prepared to communicate in writing,, i honestly cant see why i should have to communicate with them at all:mad: I will definatley see about having him taken off the electoral roll at this address, i can only think he has just ben left on with him being in the forces,,, and i have probaby just put the last form to one side and not changed the details out of forgetfulness or laziness:rolleyes:

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The thing is about saying i am prepared to communicate in writing,, i honestly cant see why i should have to communicate with them at al

 

Just delete the sentence Please be advised that I am only prepared to communicate with you in writing.

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  • 4 weeks later...

Just wanted to pop back to say thanks for your help:) i sent off the letter and had a phone call from someone apologising but couldnt find where my phone number was connected to them ,,, it eventually transpired my letter had not went to HFO but a place called Roxburghe? apparently HFO is their parent company? Anyway i had taken the address off their website but as soon as i mentioned HFO she realised what had happened and promised she would have my number taken off their list and i wouldnt receive any more calls. I also told her about the calls i had from a mobile number and she was delighted i had taken the number down so i could give it to her:) Anyway,, no more phone calls from them at all so once again,, thank you so much:)

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