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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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 Guys,

 

Couldn't find the right section, or best section to put this.

 

I have a wee question. I live in Scotland, and there is a piece of land at the side of my house owned by the council. I am currently looking into buying this land, but its already taken a few years, and I still don't even have a price.

 

Anyway, the land is fenced, and it has loads of bushes, tree's etc inside it. I have been calling the council asking them to cut it for ages now, and they have still not done it, they have even suggested that its 1 of the local places that own the land and not them. When I tell them that its the council selling me the land, they play dumb. Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it. And its really p1ssing me off.

 

I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true? If not, then I don't want to waste any more time doing it, and will make sure I press them to get it cleaned on a regular basis. Its becoming an eyesore, but I sort of left it to to the above.

 

Though this may be the best place to find out.

 

Regards

 

Colin

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Hi Colin,

 

I don't have a clue but let's see if we can find out

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What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).

 

By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.

Edited by buzby
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You can have it....Carnegie campus in Dunfermline is worth more ;)

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I heard from someone that if you maintain land for long enough attached to your property, then you can actually claim it as your own? Is this actually true?

No it not true, what it has been confused with is the right of way over the land,which was the old rules, however the right of way/ access was dealt with in an act circa 2001, I sure you remember Anne Gloag (Stagecoach) fighting it big style

 

If you want to know ownership, Land Registery Edinburgh(main office) or Glasgow (George Square)

 

better if you go in ,they are extremely helpful, and will produce copies of the title, from around £2.00.......

I've went back to 1820, on one and 1838 in another

 

 

What you are talking about is 'adverse posession' but it is a long winded affair as it takes (I believe) 10 years and you have to enclose it within your own boundary and await complaints. (If any).

Disagree , I believe you would not have the right of title to the land.......I had a walled in strip for 30 year and had no title no had I any right to the land

By far the best way is to what many others do, and put in a Planning Application. Specify the ground, its location and your wish to enclose it within your own property. If a strip, and there's no objection - once permission is granted - your purpose will be to bring it within your curtilage, enclose and maintain the X sq m of common ground as part of your garden. Pay the fee, and if you hear no more - do it.
Again I disagree.Planning applications have no relationship to ownership..ie a developer submits an application, he doesn't necessarily own the the land , and remember the drawing and application require you to state ownership of the site and notifiable neighbours......See C1 section in the attachment, all e.planning form are very similar irrespective of council

PlanningApplicationForm.pdf

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We're talking about common ground - not an area that is legitimately that of another landowner. Adverse posession is used often under these circumstances.

 

As for the Planning wrinkle I outlined, I can confirm that this does not address the issue of ownership - but does much to protect the applicant as they have made no secret of their intentions, and as far as my last council trawll found, has a 90% success rate.

 

Neighbour notification remains a requirement regardless - so I don;t see your point here.

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We're talking about common ground

Don't think that has been properly established,has it?

Neighbour notification remains a requirement regardless - so I don;t see your point here.

Point is the empty land ,require a signature,to be submitted to the council

read C1 and note 17....councils are now requiring a signature of the land owner,to the vacant land,most councils are doing it themselves,mainly due to abuse of the system prior to 2005(ie the applicant submits the form ,stating neighbours notified,but didn't bother to do so

 

to go back to OP

 

 

they have even suggested that its 1 of the local places that own the land and not them
the council are being a bit cagey,the councils do have access to regestered owners,via link now,nowtheless it's therefore not common ground

When I tell them that its the council selling me the land, they play dumb.
Quite frankly they won't do anything as purchase would be done via Legal and Protective Service Dept,or what Dept deals with in in your council,and councils won't spend any money on it if it's getting sold, they'll waste money elsewhere,a Good councillor's buffet I suspect,(I digress.......lol)
Anyway, I have now been cutting this back for quite a while, but now its turning into a skip, and people are dumping there crap in it.
Two things here the council are of course happy you're doing the work

Secondly the tipping.....that would be Fly-tipping an offence, ...see council Environment or Waste Dept and voice your concern

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Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.

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Planning has no relevance,honest believe me

 

The main problem lies in the fact that you would have no title to the land nor any right of title,ownership must be certain

However If you had an agreement within the Land Title (in England these are covenants)slightly different in Scotland but for the sake of debate regard as the same,similar to a right of way over the land(common in the case of shared driveways etc).....This would ascertain what you could or couldn't do

 

to illustrate the problem

 

You build a house over a section of land that you don't own,

 

 

The owner comes along after say 10 years ,What happens?

 

He tells you to move off the land

or

Charges you rent for the 10 years then tells you to move of the land

 

Get the title or ownership sorted first,

 

Of course If you're sure the council are not a load of overpaid numpties,take their word for it.

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Whether I believe you on not is irrelevant. Having now checked my local Planning website had discovered 11 such applications for these 'strips' is the last 5 years alone. Adverse posession does exist, and can be expensive when challenged. On common land, there is a different issue, as the largest landowner in any area is invariably the Council.

 

By lodging a plannig application simply to enclose the land and nothing more, provides a fully traceable means and in an offhand way, gives the council notice of the intention of the neighbour. If they did not raise any issues at this point, makes it very difficult to claim they object or had no notice of the intention of the applicant.

 

The situation you outline is hardly relevant for the reasons outlined earlier. As for the council being 'numpties' their actions make them legally accountable regardless. I've no axe to grind either way, however as the council are accepting money for such applications assuming that it reflects use of their land, it appears to be a recognised and dare I say an approved method of proceeding to regularise an otherwise unsatisfacory situation.

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Disagree away. I've you've spent any more than an hour in George Square bemused by the chaotic state of indexing and an inability to find what you want - especially if it doesn;t have a posatcode or defined postal address, your confidence (and money) will be depleted considerably.

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Just spokewn with a a distant neighbour who was in a siumilar situation. Hew took the Planning Appllcation approach to enclose an extra strip of land to meet the edge of a pre-existing pathway running across common ground (amenety use). His application was granted, and he enclosed the land by extending his boundary. This was in 2004, and apart from one objection (by a neighbour) the Council Planning agreed to it, and he heard no more.

 

Hi Buzby, this is probably a strip of land attached to the side of my house, thats probably the same area as my front and back Gardens, including the house in the middle.

 

All, I would be looking to do would be extend the Garden, until I can purchase it to then then maybe sell the house with planning permission, or even build on it myself at a later date

 

Regards

 

Colin

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  • 1 month later...

sell the house with planning permission, or even build on it myself at a later date

 

If you try to pursue this you may find a problem,the land could be on a flood plain ,irrespective of who caused the flooding...

value wise without PP it makes no difference.

 

Sepa (hydrology dept)in EK will advise fully on whether or not it's a flood plain or in the vicinity(although you can check on their web site if it is)of one

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  • 3 months later...

Hi,

 

I checked, and the land is not a flood plain. Basically the council had a fence blocking the drains, we got flooded, and after we complained they have moved the fence, and also put in an extra drain. No flooding since then. I just want to use this to try and push forward my case of getting the land from them, with them not cutting the trees, but also from the fact that they blocked the drains initially. And even maybe get it cheaper. Chased them 4 times since my last reply and still heard nothing back

 

Kind Regards

 

Colin

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  • 3 months later...

Hi,

 

I have now been told that they have postcarded my neighbour about us buying this land. I assume this is to see if there are any objections. I am still hoping that they give me some sort of discount due to the flooding we got and the fact that they are not maintaining it, but I don't imagine that they will!

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