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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
      • 161 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,

 

I really need someones advice........just tell you a little bit about the problem. Basically about 5 months ago i had a letter of Equita bailiffs saying i owed 2 amounts of council tax from a previous address of £152 and £535 from two seperate years. Well i arranged a payment plan for each of £20 a month (40 in total) and because im a mother to 3 children only receiving child benefit and tax credits (not single by the way but thats all i have coming to me) they set that up. Well i missed the payment by 2 days and then had equita demanding £230 for the one account and then carried on with the £20 a month for the other account.............well i done it again i forgot to pay but as soon as i remembered i paid a double amount well i had another bailiff leave a letter, i phoned him and he said he wanted £648 from me by the 30th november or he is clamping my car. my car gets my 2 children to school its an hours walk and there is no bus to the village. i can not afford this kind of money what can i do??? im so scared i really am, any advice would be great

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Your first action should be to contact the Council and check the amounts the Bailiff says, you want to know:

 

1 - how many Liability Orders there are

2 - what period of time each covers

3 - how much each one is for

4 - how much is still outstanding on each

5 - when they were passed to the Bailiff

 

I assume you know how much in total you have paid to the Bailiff? Do you also know how much you have been charged in fees by them?

 

PT

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the first amount i paid was only for 152 well i paid around 3 payments of 20 on that then when the bailiff came he charged me 230 so im assuming that hes added on that charge.

ive got in touch with the council and theyr saying i owe 494 but i had a letter of equita to say i owe 477 and that what the bailiff had quoted was wrong and it would only be that high should anymore action be taken.

well im with dmp now and they even tried to negotiate but the bailiff didnt want to know so now i have asked the council to basically take the debt back (advised to me by the council and the debtline)

im not worried about what i owe as i know i owe it its if he comes to my house where my 3 children are threatening me and clamps the car i cant keep hiding it everyday as it genuinly gets the girls to school.

i just going out my mind i do not know what to do

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Unfortunately your car will be seen as fair game regardless. It does appear that you may have been overcharged on their fees. You do need to send off for a breakdown of these remembering to list both accounts. Here's a sample of a letter you could use adapting it for your own use. Send it both by email and post using a trackable service such as Signed For.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

You should also note that there is no law that says you have to deal with or speak to a Bailiff. The Council will refuse to take your account back and tell you to deal with the Bailiff - they can take it back but choose not to. By refusing to deal with the Bailiff however they will return it to the Council themselves for further action. In the meantime you can pay the Council direct using their website or automated phone service. If you do you must pay an affordable amount on a regular basis - £5 per week for example, this shows you are willing to pay. The Bailiff meanwhile will get terribly grumpy and may even stamp his feet but as long as you deny him access to your home and keep your car out of the way there is not a lot he can do.

 

PT

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well after i spoke to the council who said i owe 494 i had a letter off equita to say i owe 477??!!!!! but the bailiff wants 648 ive just spoke to him as the council have held him off for 28 days while they look into my account interestingly he said that when im ready to pay i have to phone him and pay it through him and he will let me know the full amount.

when i questioned why i had that letter and why he wanted 648 he said that the council may have reduced it but the council said i owe 494 so it could never have been so high.....i made a payment to euita on the 30th october but that hasnt reached the council yet and i will make another 20 end of nov. but who do i pay?? him or the council??

 

( i have also got my local councillor involved to try and get the council to take the debt back on)

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ive asked my local counsillior and he said to go to the cab which i am in the morning, also i have emailed the council and they have an action date for the 1st dec when they will look into my case, i seriously doubt they will do anything but then i get my car clamped and still have to pay it back! i cant hide the car it gets my kids to school everyday 3 times a day i do the trip i cant hide it forever.

ive asked around to borrow it with no luck so now im awaiting the council

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ive asked my local counsillior and he said to go to the cab which i am in the morning, also i have emailed the council and they have an action date for the 1st dec when they will look into my case, i seriously doubt they will do anything but then i get my car clamped and still have to pay it back! i cant hide the car it gets my kids to school everyday 3 times a day i do the trip i cant hide it forever.

ive asked around to borrow it with no luck so now im awaiting the council

 

I'd still e-mail the CEO. Tell him/her your situation and say while you have a meeting arranged for Dec 1st, something needs doing NOW as a matter of urgency. Remind him the council is vicariously liable and while you don't want to cause trouble, it needs resolving now.

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regardless of whether you defaulted or not you made the payment when you remembered

 

perhaps if the bailiff company had allowed you set up a standing order or direct debt you would not have found yourself in this situation a very good reason for a complaint

 

why do you think they like you pay by phone or through there web site so that you will almost certainly default that and the fact that you will most certainly have been charged for making payment (this is not allowed but very common)

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Not knocking the CAB as they do a sterling job - but be wary if it is someone who is not altogether au fait with Council Tax enforcement. Remember most here have been there and done that and got much more than the T-shirt.

 

PT

Please consider making a small donation to help keep this site running

 

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ok so shall i go then or await what the council say? my head is spinning, i know i wont sleep tonight bailiff is due tomorow i know council said they would hold him off for 28 days but this is the council plus my car has completely frozen so i cant start it!

which means if he does come i will have a clamped car, its my 3 kids im scared for if he starts hammering the door theyr only 1, 3 and 5 they are going to be so scared worst part is i know its my fault :-(

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ok so shall i go then or await what the council say? my head is spinning, i know i wont sleep tonight bailiff is due tomorow i know council said they would hold him off for 28 days but this is the council plus my car has completely frozen so i cant start it!

which means if he does come i will have a clamped car, its my 3 kids im scared for if he starts hammering the door theyr only 1, 3 and 5 they are going to be so scared worst part is i know its my fault :-(

 

I understand how difficult and frightening this is for you. I (and many others on this site) have been in just the same situation. It's easy to say stay calm and try not to lose sleep over it, but I know when you're in the situation for the first time that it is nigh on impossible to do that.

 

Having said that, the council have said that they will hold off the bailiffs for 28 days, so if the bailiff does come obviously do not let them in, phone the council immediately and tell them what is happening and try to get a recording of whatever the bailiff does. Use your mobile as a video recorder if he tries to clamp your car and keep everything as evidence.

 

I know it may be pointless, but please do try not to worry too much. We're all still here having been through it and come out the other side, and bailiffs lie - they earn their living by putting the fear of God into the likes of you and I so that we'll pay up. You already have paid up as soon as you remembered! Don't give them that satisfaction and take care. Tomorrow will come and go and you and your children will still be here at the end of it!

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  • 2 weeks later...

hi,

 

i have recently posted about equita bailiffs and getting in touch with debtline etc. Well, after i have sent that letter the council have turned around and said that i need to arrange and maintain a repayment with the bailiffs and that the actual cost of council tax and their charges will differ and i hope this is assistance to you!

well actually its not i still have a debt of 494 and with bailiffs 648 they have just completely ignored the letter, im so scared it unreal cant live like this anymore i can NOT get this money at this time luckily for me my car was scrapped on tues so they cant take that now.

 

i just dont know what to do now :-(

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hi,

 

i have recently posted about equita bailiffs and getting in touch with debtline etc. Well, after i have sent that letter the council have turned around and said that i need to arrange and maintain a repayment with the bailiffs and that the actual cost of council tax and their charges will differ and i hope this is assistance to you!

well actually its not i still have a debt of 494 and with bailiffs 648 they have just completely ignored the letter, im so scared it unreal cant live like this anymore i can NOT get this money at this time luckily for me my car was scrapped on tues so they cant take that now.

 

i just dont know what to do now :-(

 

 

Thanks for merging the threads - much easier.

 

Nic, on what date did the council say they would hold off the bailiffs for 28 days? Do you mind if I ask what council it is please?

 

To try to put your mind at ease what I'm thinking is hopefully you're safe from bailiffs for a good few days yet. If we know the council we can find the CEO and his/her e-mail and put a letter together to send to them explaining the situation, the seemingly unresolvable situation you find yourself in and asking if they would please take the debt back as you are willing to pay, but cannot cope with the endless threats and unreasonable behaviour of the bailiffs. Remind him they are vicariously liable.

 

If we can get this done asap then the CEO is likely to act quickly. I read your thread a couple of times, but am feeling thick tonight! Nothing is going in! Have the bailiffs actually approached you in any way or contacted you in any way since the council said they'd hold them off for 28 days?

 

Please try and answer all these questions and we'll do all we can to help you.

 

Take care now,

 

Tingy

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hiya,

 

on the 22nd november i wrote in a letter and sent an email to the council advised to me by debtline and the council (birmingham city council) well the day before this debtline spoke to them and they said they would hold the bailiff off for 28 days while they sort this situation.

i got the email yesterday saying to set up a repayment with the bailiffs, debtline had previously spoke to them and explained the situation but they have now just ignored the letter really because they know damn well i cant set up a rearrangment with the bailiffs because i defaulted.

so by my estimation i will be getting the bailiffs back on the 20th december which i something i cant deal with so close to xmas, i just physically dont have that money and as soon as that bailiff comes again it will go up to 648 instead of the 477 i owe.

they cant clamp my car now which was my original scare as the engine has blown from being froze over so its been scrapped so they cant take that and i will not let him in whatsoever, but my worry is if he bangs the door when im in with my 3 girls, they will be scared and so will i or if he catches me as i leave the house or enter OR he comes when my somebodys here (we havent told anyone so that is really something i dont anyone to know)

i am seriously at my wits end along with the car i am having a real bad time and just cant see a way out :-(

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hiya,

 

on the 22nd november i wrote in a letter and sent an email to the council advised to me by debtline and the council (birmingham city council) well the day before this debtline spoke to them and they said they would hold the bailiff off for 28 days while they sort this situation.

i got the email yesterday saying to set up a repayment with the bailiffs, debtline had previously spoke to them and explained the situation but they have now just ignored the letter really because they know damn well i cant set up a rearrangment with the bailiffs because i defaulted.

so by my estimation i will be getting the bailiffs back on the 20th december which i something i cant deal with so close to xmas, i just physically dont have that money and as soon as that bailiff comes again it will go up to 648 instead of the 477 i owe.

they cant clamp my car now which was my original scare as the engine has blown from being froze over so its been scrapped so they cant take that and i will not let him in whatsoever, but my worry is if he bangs the door when im in with my 3 girls, they will be scared and so will i or if he catches me as i leave the house or enter OR he comes when my somebodys here (we havent told anyone so that is really something i dont anyone to know)

i am seriously at my wits end along with the car i am having a real bad time and just cant see a way out :-(

 

Morning Nic,

 

Give me an hour or two. Apologies I've only just got up! I'll do a bit of probing around and then get back to you.

 

Tingy

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Hiya Nic,

 

I've done some rooting around and found the following e-mail addresses:

 

CEO (Chief Executive Officer) is stephen.hughes@birmingham.gov.uk

 

Head of Revenues is jay.patel@birmingham.gov.uk

 

I suggest you send the following e-mail to both of them.

 

Dear Sir,

 

I am writing to you after reaching a seeming irresolveable situation with your council and sincerely hope you can assist me in resolving this matter.

 

Your Ref A/c No: xxxxxxxxxxxxx

 

You were contacted on my behalf on November 21st by Debtline at which stage you kindly offered to suspend all bailiff action regarding this account for a period of 28 days. I then sent an e-mail and wrote a letter to yourselves the following day.

 

Yesterday I received an e-mail from your Council Tax section stating that I needed to set up a repayment plan directly with the bailiffs. I owe you £477.00, and owe the bailiffs (including the £477) a total of £648.00, thus there are bailiffs fees of £171.00 at present.

 

My problem is this. I am very keen to settle this debt once and for all. However, having spoken to the bailiffs, despite your e-mail received yesterday advising I need to arrange a repayment plan directly with them, they simply will not accept this and are demanding the full total of £648.00 in one lump sum, otherwise they are threatening to come and remove my possessions. This was explained by Debtline on November 21st, but your fronltline staff appear to have totally ignored this conversation. I am aware that the council are vicariously liable for the conduct of your appointed bailiffs.

 

This is now having a very detrimental effect on my health. I am unable to sleep at nights due to worry and am suffering with severe depression. Given this impass I do not see how I can make any progress.

 

I would like to ask therefore if you could get the council to recall the debt from the bailiffs so that I can set up a repayment plan directly with you. I assure you I will stick to this religiously. While I await a positive reply to this e-mail I will start making token payments as a goodwill gesture on Monday 13th December via your on-line payment facility. I will then pay the sum of £xxxxxx every week/month until such time as the debt is settled. I will then negotiate separately with the bailiffs regarding their fees.

 

I have tried everything I can now to reach an amicable agreement and hope that you will accept this request, which given the behaviour of your appointed bailiffs I have been legally advised is perfectly reasonable.

 

I would be extremely grateful if you could give this your urgent attention as the matter is making me quite ill and the last thing I want is to lose my ability to make any form of payment.

 

I look forward to receiving your reply and thank you in advance for any help offered.

 

Yours faithfully,

 

 

 

Name.

 

The bailiffs appear to be acting totally unreasonably in refusing to come to any sort of repayment agreement and I am aware that the council is vicariously liable for their conduct. This is why I would like to resolve the issue once and for all with yourself.

 

Think that reads OK, will read it when posted and edit if necessary. DO NOT offer to pay more than you can afford, remembering that in April you will have another load of Council Tax to pay on top of this, and you really cannot afford to get behind again.

 

Good luck and let us know any developments,

 

Tingy

xx

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thank you ever so much x i had already emailed stephen hughes but i will re email with this one and write a letter i have also been told by debtline today to talk to the govenment omdudsman so i will do that in a short while as for now im going to copy this email and get that sent off.

 

thanks for your help

 

nic x

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