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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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My Leasing Hell...


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Right, first off, thanks heaps for adding Leasing/landlords as part of the forum. It beggars belief that landlords/leasing agencies etc are allowed to get away with things that they do and being on the receiving end is no fun... Here's my story (which is still ongoing!)

Myself & 4 flatmates were renting a 3 bedroom flat through a leasing agency based in Edinburgh. The company knew there were 5 people in the flat and were aware that we were using the living-room as another bedroom. (Students need as many flatmates as possible to make it cheap enough!)

Basically it goes like this...

1.No HMO for the whole of the duration we were leasing the flat. (legal requirement for 3 or more unrelated people in a property)

2. Repairs were undertaken by the actual owner of the property, even though we phoned the leasing agency (as we were supposed to) concerning these repairs as they're responsible. The owner also appeared unannounced to do these 'repairs', as he said 'They (leasing agency) charge too much for repairs!).

3. Contractors in for over 6 months making our home unliveable at times changing double glazing to single glazing (even though the flat's above a sauna and a pub & next door another sauna.

4. The flat was a death trap. No workable locks on wondows, the yale lock comming off the front door, no shower & dodgy boiler. the security door intercom broken for at least 3 years, which they were supposed to also fix...

5. We have £10 a day charge for unpaid rent even though it's not in the terms of contract.

BLAH BLAH... The list goes on...

 

We sent a nice letter stating that until all repairs, HMO was in place etc we would withold our rent until we could live in the flat without being scared to fall asleep in case a disaster happened in the flat. (which has happened on many occasions & reported to police etc...)

We received a letter back saying they were now pushing for eviction & taking us to court for the unpaid rent (which we've NEVER disputed we owe by the way) & fines and slapped us with our eviction notice & intentions. Apparently they were reducing the number of tenants allowed in the property to two hence no HMO (even tho we were still in the property etc at the time).

We are all students or working in minimum wage jobs so we have a Legal Aid lawyer who in my opinion isn't too sure of what he's doing.

After about 3 weeks of receiving an eviction notice from the leasing agency, we recived a letter address to the occupant (s) from Yorkshire Building society. They had been made aware that we were renting the flat, but as tthe mortgage is apparently 'Owner-Occupier' only, we were going to get eviction proceedings from them also. (We have a file the size of the Eiffel Tower with all correspondence etc kept).

There's much more to the case but basically we went to Edin sherrif court and we were advised by our lawyer to submit what's called a 'Tender' where we were prepared to pay a quarter each of the monies etc outstanding... Obviously this almost £10,000. debt is due to their unlawful punitave charges.

We were awarded a judgement as the leasing agencies 2 sets of lawyers quit representing them and they didn't defend in court. However I've since received a letter frrom my lawyer (after 6 months of the court case supposedly ending in September) saying we still hadn't paid the tender. I was of the opinion it's not enforceable due to the charges, plus the fact the leasing company had obviosly been fraudulently and deceptively leasing out an unleasable flat for almost 5 years to us. Plus the fact we were awarded judgement in the case due to no show & as said by the judge in one of our hearings 'ill-preperation & confusion of their case' etc

As I said there's more legalities that the leasing agency has done & commited but it would be a 40 page post! If you'd like any more info I'll post it but I don't want to bore people too much!

Any questions comments etc are welcome as I feel we are being pursured when in actual fact we should be bringing a criminal fraud case against the leasing agancy for leasing the flat since they obviously didn't check the terms of the mortgage before they took on the property as leasable...

Any suggestions, or any suggestions for new Legal Aid lawyers close to Edinburgh are most appreciated!

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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Wow. I don't know a lot about Scottish law nor whether therer differences in the legal obligations between landlords and tenants north of the border so I may not be much help.

 

A couple of questions:

 

1) Do you know what sort of tenancy it is ie is it an assured shorthold or something else?

 

2) Are you still in the property?

 

3) Is the £10k the total outstanding balance. How much of this is rent/ service charge and how much is penalty charges/ interest?

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I would maybe try your local CAB I work for one in Glasgow and they will hopefully be able to give you some advice and put you in the direction of a decent lawyer!

17th May 2006 - Letter from the Hellifex offering full refund of charges to date - £330.57 :D :D :D

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Hi,

Im sorry to hear of your problems.

 

Can i ask if any of you put the rent money aside when it was witheld in lieu of repairs?

 

Im not sure about the laws in Scotland as i live & work in England. I know that where i work (A Local Council) we are the prosecuting authority against landlords.

 

Maybe you could try the Shelter.org website, theyre really good for housing advice (As its all they do).

Good Luck!!

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The CAB would be the best port of call for this one I think, also see if yu have a welfare or housing rights dept as part of your Local Authority as they can often help with things like this. Also if repairs on such things as heating, plumbing etc are not being done then you can contact your local Environmental Health dept as it can become a health hazard.

Ex CAG helper ^_^

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  • 2 weeks later...
  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Lloyds Current A/C DPA sent 7th May 2009 Closed and charges wiped Summer 2010.

 

Barclays A/C DPA sent 4th June 2009: no reply, no correspondence as of 2011.

 

Littlewoods Data Protection Act Section 10 sent 09/06/2006 - Fraudulent A/C closed and CRA data removed November 2006.

 

HSBC Default & Debt wiped March 2009 (6 yr Statute barred reached)

 

RBS - Claim 1 - Settled in FULL £766.00 20/06/2006.

RBS - Claim 2 - Settled in FULL £777.95 08/09/2006

 

 

BOS A/C No. 1 & 2

Amount - £586.39 claim plus 8% interest

SETTLED IN FULL 08/09/2006 - CHEQUE FOR £625.25

 

Halifax Visa Data Protection Act Disclosure Received

 

First Direct Data Protection Act Disclosure received

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Share on other sites

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