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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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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.
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      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, I have another question for you. It doesnt concern me advice for someone.

Now she signed a walking pocession order on the doorstep for one item. (unpaid council tax) She checked and forgot to metion the item was on hp. well she rang bailiff office to be told that they would wipe that off. Well she then gets notification that the bailiff has put on order other items now some of these items she doesnt own, but on her paperwork it states just the one item. Any advice on what to do?

 

I said I would ask you guys as she doesnt even own a computer to come on herself.

Also, a certain council (not mine) has committed someone to prison for non payment of council tax they started their sentence yesturday 42 days!

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Hi all

I don't think the purpose of this thread was to NOT PAY your due council tax but to complain about the opressive and inappropriate methods of Collection.

 

If someone IS SENT TO Prison for not paying then --even though this is probably against the spirit of the CAG Forums it probably was well deserved.

 

Prison is actually THE LAST STAGE and even if you can only afford 5 GBP a month nobody will send you to jail for ATTEMPTING TO PAY.

 

I would suspect that if someone DOES get jailed for Council Tax non patment then they probably deserved it since there are so many stages of help before it gets that far.

 

Sorry to be devils advocate here --I HATE bailiff's, DCA's CRA's etc etc -- but if one has been totally feckless in avoiding paying what is due then the punishment is deserved.

 

Remember there are ZILLIONS of avenues to get help with Council Tax and even a small offer to pay will avoid jail time.

 

That's how it is --don't want to seem callous but one really has to have been "Drinking in the Last Chance Saloon" if Prison is the result.

 

Cheers

jimbo

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It isnt me lol! I just heard about the prison thing through the grape vine. So I dont know what the circumstances were. So cant comment.

Just thought people would like to know.

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Hi Guys, I have another question for you. It doesn't concern me advice for someone.

Now she signed a walking procession order on the doorstep for one item. (unpaid council tax) She checked and forgot to metion the item was on hp. well she rang bailiff office to be told that they would wipe that off. Well she then gets notification that the bailiff has put on order other items now some of these items she doesn't own, but on her paperwork it states just the one item. Any advice on what to do?

 

I said I would ask you guys as she doesn't even own a computer to come on herself.

Also, a certain council (not mine) has committed someone to prison for non payment of council tax they started their sentence yesterday 42 days!

 

she will need to go down the letter writing route

 

the bailiff cant add things to the notice of seizure her copy and his must be exactly the same is the notification from the bailiff that he has added to notice of seizure in writing

 

she should send for a breakdown of charges

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On the notice of seizure there only needs to be one signature his. So what does she do now. If he puts one through her door with items that he has added on where does that leave her? She only signed for 1 item. From what I can make out if he scrubbed off her item on original form then added on that form thats fine, she still has the origninal as proof. What happens if he makes out a complete new form? From what has gone on he has said he has added on original form?

 

Thank you I do hope that makes sense lol.

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he cant do that he would have to gain peaceful entry to list more items

 

can you find out how much she owes the council (amount of liability order confirmed by the council)

the name of the bailiff company

the name of the bailiff (to check to see if he is certificated)

it would be useful if you could post up all paperwork she has received from the bailiff

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I will ask her, but from what I gather from her (inbetween trying to sort mine lol) she has been in contact with the bailiff company and they have given her a list of items that were added and confirmed that the original item has been deleted?

In house council one. (will have to ask what council) cant see if he is certified I have done check myself and nothing comes up under his name.

Liabilty order £1,200.

He did not gain entry at any time. She has told me that it was done outside house, as I have warned about letting people in even if they say they are from an energy company.

All she has she has told me is notice of seizure and walking pocession paperwork.

 

Does this help.

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her bailiffs p****** in the wind if he thinks he can get away putting one item on a notice of seizure of goods for a debt of over 1k he cant change his copy he must go into her house to levy goods this cant be done on the doorstep

 

her copy of the notice of seizure stands her in favour for a formal complaint to the council

 

he must be certificated regardless of whether he is an in house bailiff employed by council ask her to phone the council to confirm where he was certificated

 

is she a single parent

does she work

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I thought that to. Even if he makes out a new copy with item missing as said he just needs his signiture on that paper but that would not explain why 1 item had been put on then just disappeared so to speak. Also his mistake being some of the items listed and makes of items she doesnt even have.

I have told her to get a solicitor and give them everything she has. She has agreed a payment plan and is going to pay, so thats not an issue. She doesnt want it hanging over her head that they may break in etc., Also she is worried that if she makes a fuss they will cancel her payment plan and break into her house which I said they cant do as payment plan is in place and she hasnt defaulted in fact its not due to start until middle of next month.So she has time to sort her money out etc.,

What I have said is if he calls take the paperwork but dont sign anything. and if he puts it through door get it. Then get onto solicitor and say you have had 2 different notices through one which you signed one you did not sign for. Then send copies of the confirmation she has stating that the item has been removed from paperwork (it was item no 1) but these items are listed etc., So the next item would be item no 2 etc., etc.,

 

That is proof then I think correct me if I am wrong that paperwork has been tampered with?

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Forgot to add

No she isnt single parent, but she is on long term sick and on incapacity benefit. But has 1 adult living with her but debt in her name only. so are just over the threshold for help from what I can gather (never really pryed into her money situation)

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Hi there

Most bigger cities have a Free Legal advice centre --I suggest she tries that route.

 

Some Bailiff's can probably remember what was in the house even if they only gave her a form with ONE ITEM added on so they can modify their one afterwards.

Whether a Court will believe YOU or the COUNCIL BALIFF is a moot point since Courts usually don't believe that people who act for the Council do so irresponsibly --We all know how honest Council Bailiff's who work for such EVIL AND DISGUSTING FIRMS like ROSSENDALES AND EQUITA are don't we !!!.

 

PLEASE ANYBODY READING THIS THREAD --NEVER EVER EVER EVER LET THE BAILIFF'S IN FOR UNPAID COUNCIL TAX --THEY HAVE ZERO RIGHT OF FORCED ENTRY AND YOU REMAIN IN CONTROL.

 

Once you've let them in then you have opened the floodgates to all sorts of nasties including HORRENDOUS CHARGES.

 

I know in this case it's too late but that still doesn't stop you from making a complaint if the Bailiff is acting fraudently by adding extra items on the seizure list.

 

Cheers

jimbo

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Hi Jimbo. thing is they never went in the house! The items they have listed she doesnt own.

She will be contacting someone today. They work for council internal bailiffs.

 

I will keep everyone informed.

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Hi there

Unless a levy was made on an item OUTSIDE the property such as a Car how in the world can a Bailiff get a Walking Possession Order if they haven't been inside. Just looking through a Window isn't good enough either.

 

Seems that there is a lot of BOWLOCKS going on here --but Hey they are Bailiff's --the Law doesn't apply to them --right. Shows how ordinary people get clobbered every which way.

 

I'd HAMMER this STINKING LOT using every possible avenue for complaints.

 

Incidentally since they are Council INTERNAL BAILIFF's (didn't actually know Council's had Internal Bailiff's --great to see our hard earned Council Tax being used on such "essential services") a serious complaint to Local Govt Ombudsman might be in order !!.

 

Unlike a lot of toothless regulatory bodies the Local Govt Ombudsman DOES have power and Councils don't like it - since the dispute is published and the Council has to describe CLEARLY what actions it is taking to make sure this doesn't happen again.

 

Cheers

jimbo

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Especially as she only has the copy with the one item on to.

 

Well lets see what happens. I do know she is contacting someone today and she said she will let me know in due course.

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Update on my situation: The bailiff cam back this morning saying that I have other council tax arrears and that they have lumped them all together and gone over my income and expenditure form and have assessed that I can only pay £80 a month. Which is what they would accept. I have no intention of paying £80 a month and will be paying more. I thought there was more as I have been in loggerheads with the council trying to sort them out because everytime I paid council tax it was taken off the arrears then that would put me more in arrears with what year it was. It all stems from when i first got ill. I have checked all my paperwork I never throw anything out and they are correct. I did offer to pay the council £100 and the current years council tax, but they refused saying the amount owed was to high. But the Bailiffs have now agreed a lower amount. Strange.

The bailiff said I would be getting a letter confirming everything and that as long as payments were made then not further action would be taken.

He did not enter property neither did I sign anyother paperwork.

 

Even though it is through the Bailiffs I do feel that a weight has been lifted off my mind and I can get back to some normality also it is an amount I can afford. It was not my intention not to pay any arrears just an amount I could afford. Which has now been done.

 

Any thoughts on this?

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