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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
      • 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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If you have a shed in your back garden, which locked by means of a yale lock, and further secured with 2 12,000lb maglocks, alarmed and has no windows. So wihtout the keys and a swipe there is no easy way to get in, other than causing deliberate and considerable damge. This shed is also covered by 24hr CCTV.

 

Can a bailiff force entry into this building or would it be the same as your home and must be peaceful entry?

 

I work form home and I am about to move my office into a new shed in the garden, and althoguh I am not expecting any visits from anyone, it just got me thinking if they could do it or not?

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As far as I know, HCEOs can force entry to detached garages and sheds etc. NOT sure if "ordinary" bailiffs can though!

 

Someone will come along soon to advise you.

 

Good luck!

 

 

Impecunious! :)

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English law isn't my speciality, but as far as I am aware, the equiv. legislation in Scotland allows Sheriff Officers to seize goods 'outside the premises' by way of an attachment order. Anything inside must be by way of 'exceptional attachment order' which are harder to get.

 

Then again, powers in Scotland allow Sheriff Officers to open lockfast premises - and charge the debtor for a locksmith to do it!

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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If you have a shed in your back garden, which locked by means of a yale lock, and further secured with 2 12,000lb maglocks, alarmed and has no windows. So wihtout the keys and a swipe there is no easy way to get in, other than causing deliberate and considerable damge. This shed is also covered by 24hr CCTV.

 

Can a bailiff force entry into this building or would it be the same as your home and must be peaceful entry?

 

I work form home and I am about to move my office into a new shed in the garden, and althoguh I am not expecting any visits from anyone, it just got me thinking if they could do it or not?

 

Never mind forcing entry - the Bailiff could actually seize the shed. Removal however could be another matter.

 

PT

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