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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
      • 162 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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Hi all I'm having probs with my deposit.

 

The LL is saying they had to spend £1000 on the house. This seems far too high.

 

So I have the following questions and would appreciate some help.

 

1. Do the company who did the inventory have to come back to do the leaving assessment? We thought this would happen but they are saying this is not the case.

 

2. As our checkout day was a Sunday the letting agents could not meet us at the property, so they told us to leave the keys. The Landlord lives locally and could have meet us there I'm sure. So does anyone have a duty to do a change over?

 

3. Some of the problems in the house that we are being charged for were reported in the 6 monthly inspection i.e damp caused by a blocked gutter that was never cleared. So I'm I entitled to a copy of these reports? The letting agent wasn't sure and he certain made it clear he didn't want me to have them.

 

4. We only heard that this work was being done after I called up to see what was happening to the deposit (3 weeks post tenancy end). I asked why I was not informed preciously, that all of this work was being done. The letting agent said there was no duty to inform me.

 

5. Does the LL have a duty to get quotes for the work done?

 

6. A payment has also come out of our account for rent since we vacated. I know we should have cancelled the Direct Debt (bangs head). However, should they have stopped the DD their end?

 

We are very upset that this has all happened. It was difficult enough having to move so the LL could sell the house and now all this :(

 

Help would be so appreciated.

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In regards to your deposit, can you confirm when your tenancy started, and when it ended please? Tenancy agreements that started, or were renewed, after April 07, are subject to deposit protection laws. This means it should be protected in one of 3 government schemes. These schemes have a dispute service so that a LL/agent cant take unfair deductions from a tenants deposit.

 

Your DD for the rent, so long as it is a DD, and not a standing order, can be recalled by your bank. Ask them to raise and indemnity claim stating that it should have been cancelled and that it is an overpayment. It may take a couple of days but they should then return the money back to your account without you having to argue with the agents.

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Many Thanks for the reply. The Tenancy started after Apr 07. And I have checked it is in a deposit scheme.

 

I thought that the inventory people protect the deposit and carry out the inspections to see if you get it back? Is this right?

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It is always ultimately up to the LL to make sure the deposit is protected, occasionally it will be written into the contract with the letting agent, that the agent protects it on their behalf.The company who does the inspections wouldn't normally have anything to do with this.

 

If you know which scheme your deposit is with then be sure to raise up a dispute, but before doing so ask for certain details from the agent.

You are entitled to a list of all the deductions due to be made from your deposit, this should be a full breakdown of exactly where each penny is going. This will help you form your dispute, however you have mentioned that there was some damp from blocked gutters. Be sure to check your tenancy agreement regarding this, as most say that its up to the tenant to keep all drains and gutters clear.

The LL doesn't have to get quotes, they can accept the first quote that is given to them, however that doesn't mean the cost can be unreasonable. If you were to get quotes for the same job, and they differed by an unreasonable amount then you can definitely challenge the charge.

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