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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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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simples!

the landlord is not a consumer

he obviously has assets

by not fixing he put his own property and assets in jeapordy

by not paying damages he is putting his assets at risk

so, if i were you, claim that the house is yours (freehold) until thehe pays damages - assuming you are still there!

sm....i would not bite anyone's head off - but if i find a post absurd i may post an absurd reply if i've had a beer!

He can end my lease at any time he likes, The property is not his he is just an agent not the owner.

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write to the owner sending a copy of the court order

stating that you will hold him responsible for the damage as the agent, is just that, his agent - like the bailiff is an agent of the council - if the owner does not respond, then seek damages due to as his agent failed to deliver xyz?

 

sod it... give me their address and i will utopia them up!

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actually, if a judge has made an order for damages then there are ways to enforce a *court order* - which is not what i say not to pay!!!!

 

i am thinking and focused on enforcing a parking ticket

My point is whether we like it or not we do need enforcement officers/bailiffs.

regardless whether its for a PCN or CT or even a civil case regarding joe public. I dont like the bailiff industry I look at most of them as ****, but when they do it right they can be an asset for people who do need them.

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write to the owner sending a copy of the court order

stating that you will hold him responsible for the damage as the agent, is just that, his agent - like the bailiff is an agent of the council - if the owner does not respond, then seek damages due to as his agent failed to deliver xyz?

 

sod it... give me their address and i will utopia them up!

Thank you for your kind offer of 'utopia them up' (what ever that is ) but it was in part a hypothetical scenario. :wink: but may be heading that way.

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My point is whether we like it or not we do need enforcement officers/bailiffs.

regardless whether its for a PCN or CT or even a civil case regarding joe public. I dont like the bailiff industry I look at most of them as ****, but when they do it right they can be an asset for people who do need them.

 

simples!

 

enforcement should be the exception - not the rule

 

a bailiff should not be allowed to attend an address until absolute last resort - e.g. after a debt counsellor with spreadsheet is turned away and a judge has agreed that bailiff is only way forward, hey why not even have the judge phone the alleged debtor - hey mister, i'm aboiut to send a bauiliff to your address - any reason whatsoever why i shouldn't?

 

much time and money saved?

 

the rule is to enforce first and deal with exceptions via form 4's after

 

nein nein nein

 

should be other way around

 

anyway, i think cag users should start an ethical bailiff company and show what cag can do - then takeover all other bailiff companies

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something aj mentioned - i.e. a perfect world

ahh perfection is something i would not relish, as much as i dislike living in this world of utter chaos at least i can feel sadness so that i know what happy feels like when i am happy. to feel happy all the time we would in fact be emotionless because we would not know that we were happy, if that makes sense.

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Try telling that to the thousands of creditors who get swindled by the 'wont pays'....

 

"

Thre is a huge difference between "won't pays" and can't pays"..In which bailiffs do not differentiate between the two. Tarring everyone with the same brush springs to mind...:rolleyes:

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Thank you Mr Shed for joining in. (I see you didn't really bow out.)

 

It's a shame we're powerless to do anything about something everybody agrees needs cleaning up if not abolishing.

 

For those who have been concerned about qualifications, let me assure you that I have some GCSEs and loads and loads of scout badges.

 

Which scout badges? :D

 

No but I am actually bowing out now (cross my heart) haha.

 

I do feel that I've said all I have to say.

 

With respect to our fellow members such as hazza, whos views I do respect, I feel that the viewpoint is incredibly one sided, and some people I will never persuade, so I wont waste my time.

 

As my parting shot, I will simply reiterate the point that GENUINE creditors deserve to have their debts repayed as soon as possible when the judgement is granted, where there is the ability to pay.

 

If there are a value of goods owned by the debtor, then there is an ability to pay.

 

If you sued a bank for unfair charges, and that bank was massively in debt and had no cash to pay with, you would think it mighty unfair if the court said "well, yes they owe you money, and yes they have several million pounds worth of assets - but no we cant do anything I'm afraid - sorry".

 

If money is owed, it should be repaid.

 

Anyway, preaching over - I am on the wrong forum to have this viewpoint :)

 

(PS Hazza, why is it OK for a tenant to "take possession" of a property until a debt is repaid, but not for a baliff to do this with other property? I dont think I even need to say that there is no basis in law whatsoever to follow the process you outlined above - you would be rapidly evicted)

 

Was a fun discussion guys, enjoy it going forward!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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hey - i just read up yesterdays posts - wow - good conversation

sorry if i offended anyone by rolloking anyone - i blame joncris - he used that term before and it seems quite apt in many places on the net

 

as for your Q:

 

(PS Hazza, why is it OK for a tenant to "take possession" of a property until a debt is repaid, but not for a baliff to do this with other property? I dont think I even need to say that there is no basis in law whatsoever to follow the process you outlined above - you would be rapidly evicted)

 

simples!

 

the tenant is party - the bailiff is a 3rd party

 

i know there is no basis in current law!!! - that's what we are discussing aren't we? hypothetical and hyperpathetical theories....

 

in fact it is what you asked isn't it? viable alternatives to the current system!

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BTW, regarding CT, you'd be amazed how may 'cant pays' have Sky TV...:rolleyes:

 

Which raises an interesting point.

[And before any pedants mention I'm continuing a debate in a thread contrary to my own advice, I rate this thread as a deviated discussion not started by someone in need :) ]

What is now classed socially as a necessity? Decades ago a tv would have been classed as a luxury. Now it is a necessary item of social inclusion, information and company for the lonely. Much as ye olde crystal set used to be.

Many now see sky tv, supa dupa plasma thingy screens et al as a necessity not a luxury.

For the record, I'm a real 'can't pay' - I don't even have channel 5...

Best wishes.

Rae.

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internet is a necessity but it appears bailiffs can still take computers? shocking!

always wondered if they have to remove the hard drive before taking a PC or laptop because of certain data that may be on there, for instance personal accounts and bank details, pin numbers etc.. would it be covered under the data protection??

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always wondered if they have to remove the hard drive before taking a PC or laptop because of certain data that may be on there, for instance personal accounts and bank details, pin numbers etc.. would it be covered under the data protection??

 

 

Ive often wondered that myself especially if its a business they are removing them from

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ROLLOCKS to you

 

What planet do you live on where the internet and sky tv are necessities????

 

Have some respect for people who REALLY struggle not materiallistic wasters who do not pay their debts/bills

1 he/she didnt mention that 'sky' was a necessity and 2. If the government are giving away laptops to people who cannot afford them then surely that would be seen as having internet access and having a laptop a necessity.

Think about it.

Edited by seanamarts
grammar and spelling.. oh wait wasnt my spelling mistake lol
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always wondered if they have to remove the hard drive before taking a PC or laptop because of certain data that may be on there, for instance personal accounts and bank details, pin numbers etc.. would it be covered under the data protection??

 

I would imagine they would get round it by saying the onus is on you to remove any data you deem personal once it has been levied on as it is no longer legally your property

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Ive often wondered that myself especially if its a business they are removing them from

most certainly. certainly if one of unscrupulous bailiffs get hold of the info, you never know what they would do with it. but then again I wouldnt be surprised if some of these numpties knew how to use a PC, most dont seem to know how to read and understand what they are doing half the time.

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of course sky TV the Internet posh telly's prestige cars and holidays are luxury's.

 

and anyone who can afford them and still pay there bills good luck them however if you cant pay your debt then sky should be the first thing to go

In my opinion

 

yes i pay my bills no i don't have sky TV and if i am ever in the position that i cant pay my bills i would not think twice about selling hubby's car

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'social' necessities are not REAL necessities

 

I think some people do not understand the meaning of the word necessity - something necessary or indispensable: food, shelter, and other necessities of life.

well I cannot speak for others but an internet connection is a necessity for me because it is a lifeline for me, and probably is for many disabled people like myself, because;

1. we can shop online

2.pay our bills online

3. do our banking online

4. keep in contact with friends and family online.

5. Be able to learn on line.

 

All these without having to rely on a carer to do it for us, makes us feel as if we are still apart of the out side world. So I have to say here that the internet/laptop is a necessity for me to live as normal as a life as I possibly can.

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