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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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A friend of mine has recently purchased their first propery which is leasehold and as such has some monthly maintenance charges which are payable for window cleaning, bin cleaning and lawn mowing (although the lawns are so small it'd take around 5 minutes to do).

 

When they viewed the property and during the purchasing process the monthly payments were £80 but they're now £150 and it's been discovered that the windows are currently not been cleaned due to a dispute between the window cleaner and the company who fulfill the maintenance side of things.

 

At present they've withheld the payments as they dispute that they're not receiving the services for the amount paid.

 

Any guidance on the legal side of things would be great.

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There will be a contractual obligation for the services to be provided as agreed.If there are some of the services not being provided,then its reasonable that a request for a breakdown of the charges be given so that the window cleaning charges can be subtracted.

 

Have a look here;

 

Leasehold Advisory Service : Advice guides

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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A friend of mine has recently purchased their first propery which is leasehold and as such has some monthly maintenance charges which are payable for window cleaning, bin cleaning and lawn mowing (although the lawns are so small it'd take around 5 minutes to do).

 

When they viewed the property and during the purchasing process the monthly payments were £80 but they're now £150 and it's been discovered that the windows are currently not been cleaned due to a dispute between the window cleaner and the company who fulfill the maintenance side of things.

 

At present they've withheld the payments as they dispute that they're not receiving the services for the amount paid.

 

Any guidance on the legal side of things would be great.

 

Hi, firstly you'll find they you are not alone in disputing 'service charges', many landlowners/freeholders steadily increase the amounts tenants have to pay without providing a proper service.

 

Step 1.

 

You'll need your lease, this will explain what you do or do not have to pay for, it maybe a bit puzzling and written in legalease but try to get an understanding.

 

Step 2.

 

Any amount you think is not recoverable under the lease or is simply excessive or unreasonable can be challanged at an LVT (Leasehold Valuation Tribunal), which is an informal 'court' where the issues are decided by a panel.

 

Step 3.

 

As already suggested, the Lease advisory Site is a good start, also try the Landlord Zone Forum and the RPTS site which explains LVT's.

 

Andy

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Thanks for the advice here fellas.

 

I'll pass this guidance on and will be back if more is needed.

 

Good luck.

 

Many people (me including) are overjoyed to get their first property only to be disapointed when every increasing service charge bills start dropping through the door with little explanation.

 

I went through a few years of high charges, extra admin fees, etc. and it has only been recently that I began to brush up on the various laws and statutes, the main ones are The Landlord & Tenant Act 1985 and The Commonhold & Leasehold Reform Act 2002, which bought in some new provisions and added changed to the L & T Act 1985.

 

In recent years there have been some important changes to the law giving more power to Tenants, it is still a bit of a minefield though but its nice to gain knowledge and question their 'fees' and 'charges'.

 

I myself started an LVT case which was partially succesfull, I got about £400 knocked off the charges, I also started a seperate but related county court case regarding ground rent, this was wholly succesfull and I came out of court over a grand richer :)

 

Andy

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