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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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Unlawful Eviction Process/Compensation Value


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I had an excluded tenancy with a resident landlord and had handed my notice/was due to leave on 21st April. However as soon as I questioned his intentions to withold my deposit he ordered me out of the property with 24 hours notice - I obliged but it meant I had to leave 8 days earlier than intended and under great duress.

 

I believe that the landlord should have given reasonable notice (which is usually a month considering I paid my rent monthly) but how would this work when I was already meant to be leaving? I didn't want/expect to stay in the house longer than my official end date but similarly 24 hours notice seems unacceptable?

 

If this was unlawful can I claim damages and if so, how do I go about calculating these. I was able to stay with a friend so incurred no accomodation charges but feel I deserve some compensation for losing my home within 24 hours plus general inconvenience and suffering including the impact it has had upon my studies (I'm currently completing a Masters and has two impending deadlines to deal with whilst being evicted!)

 

Thanks in advance!

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With Excluded Occupiers/Lodgers, you have very little rights. Theres no notice period prescribed in statute and notice is governed by common law, which prescribes 'reasonable notice'. What 'reasonable notice' actually is will depend on a case by case basis in the abscence of anything written I suppose.

 

My opinnion would be that you put the matter behind you and not try and claim anything. If you do wish to raise a county court claim it would have to be for actual losses that you can quantify i.e. accomodation cost only. You wont be able to claim for 'suffering', 'inconveniece' etc at County Court level.

 

Good Luck.

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You wont be able to claim for 'suffering', 'inconveniece' etc at County Court level.

Isn't that what general damages are for?

 

Having said that I can't see the court awarding much more than a couple of hundred pounds (although I'm not a lawyer so could be completely wrong). Like you, I wouldn't think all the hassle and inconvenience was worth it but the OP may differ.

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