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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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Hi.I will post more information when I can get it (am at work, info at home) but I wanted to start seeking advice.My wife lived in her own flat up until 2005. She was constantly being chased by Hounslow for outstanding c/tax, yet they never accepted that she was a single person occupancy. This is where it gets messy. We remember a court order and me driving to the court with a cheque on her behalf (her account but she could not get there herself). So she is asking her bank for old statements so she can track this one down and confirm what has been paid. This was 2005/06 sometime. It is hazy as we thought we had settled everything.Then we heard nothing for 5 years. Last week she received a letter from Hounslow Council saying she owed around £1000 in arrears from 2005/06. At the same time she received a letter from a bailiff saying she owed £950 (figures are approx until I can check her paperwork).She has phoned the council for a breakdown which they have sent. She has also phoned the bailiff to tell them to back off as she had not been told she owed any money up until the same day that both parties wrote to her. The bailiffs have told her that it is tough and they will turn up any day now.So while i get the paperwork together, can someone advise what we should be doing please?1 - she is getting bank statements to show what she did pay.2 - we will check through thecouncil letter to see what they say she owes, and try to tally it.Can we request the council send duplicates of all previous correspondence on the basis that thsi will make it easier for us to tally everything?I will post more information when I get a moment later today.

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I may be wrong but I think if you tell the bailiffs the matter is in dispute then they have to hold fire. The council should be able to provide copies of all communication from you. It will probably take a week or more to get copies of statements. I appreciate this is probably causing you a massive amount of distress but try and remain calm.

 

I suspect a more experienced cagger will be along shortly who can reassure you more.

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First of all stay off the phone to bailiff, if you are dispute the claim its the council that needs to tell bailiff to back off so insist that they while you get evidence of payment that they suspend any bailiff action (nomally they give you 1 month) If Bailiff turns up dont let him in or speak to him, make sure all downstairs windows and curtains remain closed during the day and any gates to garden (if you have one) are locked. he will make all sorts of threats He will get a locksmith to change the locks to get entry (nope he cant totally illegal), he can get you arrested (nope he has no authority to),he will remove all your goods to get payment (nope unless he has a valid levy that you have signed), he is allowed to charge you £24:50 for his first visit followed by £14:00 for second and thats all he can charge. If he stuffs a levy through your letterbox its invalid unless you have signed it and he has seen the goods he has listed (its not unheard that they list stuff they suspect you have and shove it through letterbox stating its a valid levy).

 

So get onto council to get bailiff action suspended, get your evidence of payment & the account number it was paid on, me personally I would go to Council office to see someone and show them in person (if its easy to do), It may be that it has been paid into wrong account by council if so they will have to refund it and put into right account.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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  • 2 weeks later...

Hi all, thank you for the replies so far.

OK today we have received two further letters from the bailiff, one for each of two debts.

I have asked my wife to phone the council and tell them to ask the bailiff to hold off as the matter is in dispute.

It is for a couple of years.

Year 1 - we believe that the amount owing is the amount my wife held back as she should have got single person allowance, they have admitted she should but have not deducted it. We will ask for proof that they deducted it, if not then account settled in full

Year 2 - It is possible, likely even, that my wife owes this and it is out mistake. She had moved out to live with me but still owned the property and quite likely missed the payments.

Again we will ask for copies of all correspondence relating to the year in question.

 

Am I allowed to name the bailiff on here?

EDIT: I have searched on the certificated bailiff link and they are registered. however the court they arre registered to is not in teh borough of Hounslow which is where the debt is, what does that mean to us?

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Am I allowed to name the bailiff on here?

EDIT: I have searched on the certificated bailiff link and they are registered. however the court they arre registered to is not in teh borough of Hounslow which is where the debt is, what does that mean to us?

 

Easier not to name him. He can be Certificated at any County Court in England or Wales no matter where he lives or works.

 

As for the Council - you will need the following information:

1 - how many Liability Orders are there

2 - the dates they were obtained

3 - the periods of time they cover

4 - how much each one is for

5 - how much is still outstanding on each

6 - the dates they were passed on for enforcement

As for the Single Person Discount - how was this applied for, what reply did you get, what period of time was it for?

 

You may ask the Council if they will suspend action for say 3 weeks whilst you try to get to the bottom of this. They do not have to do this and may insist it just goes ahead.

 

PT

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Thank you Plodderton, will get the wife to ask the council that straight away, and ask them to hold off the bailiffs.What concerns me is that the debt is apparently for 2002 and 2005, and there is no evidence of being chased for it by the council prior to suddeny getting the letter from the bailiff!

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