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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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Deposit automatic subtration


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Hi guys

 

Basically me and 2 flat mates are coming to the end of our tenancy and we just got a letter describing whats going to happen at the end with our keys etc.

 

one thing that was mentioned is they will do an inspection of the property a few days after we move out but will automatically take £35 from each of out of our deposit to do this inspection.

 

to me this is highly unfair if they wish to inspect the property i believe that is up to them i don't see why we have to pay for it

 

the condition of the property is very well maintained and we even plan to get it properly cleaned when we leave to leave it spotless

 

is this automatic subtraction of money for their inspection allowed?

 

any advise would be appreciated

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Try insisting that a check out inspection is done with at least 2 of you present - really, how on earth can they do a check out without one of you being present to sign things?! The whole point of a checkout inspection is to go through the original inventory (if they haven't got one they will come very unstuck) with you. Hopefully you have your own copy of this, together with any photo's taken at the start of your tenancy. If not ask them to provide a copy. (In writing)

 

Morally I think it is very greedy to charge this fee, certainly, one from each resident - however, legally I am not sure as I don't take deposit or rent in advance - someone will explain to you shortly I expect. What does your tenancy agreement say regarding this? Also are they legally allowed to withold monies from a deposit when they are unrelated to damages/rent arrears?

 

Aside from that, my feeling is this fee should be part of the management fee that the owner is paying this agent to manage the property. Morally, anyway, legally, not sure.

 

If they won't agree to meeting with you, then you need to cover your backsides here. This is what you need to do.

 

Take photographs NOW (make sure you can print them with date and time on) when the property is occupied so you can show the standard of the tenancy. Actually, if you had a camcorder, that would do as well, but take both.

 

Go ahead with your moving out as planned, have the cleaners in etc, keep a copy of the receipt for this. When you have all your furniture out, take a look at the general decor., ie marks from furniture against walls, holes in walls where pictures have been removed etc and touch up the decs. Before you finally hand the keys over take more photo's/film. This is your evidence as to how you left it.

 

If you leave it like a new pin I can't see any reason for them to withold any of your deposit whatsoever.

 

Just make sure you have a file full of evidence in case this goes to Court.

 

Good luck.

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Check your contract, a lot of tenancy agreements will have this in the contract mentioning that the tenant is liable for the check in/check out fees. If its not in your agreement tell your LL and on that basis either refuse to pay or work something out like paying 50/50 with the ll.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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