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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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I have recently gone out of business and have just started on an IVA arraingement. the bailiff has a walking possesion order on some of the things in the building i used to run, other people have their property in there and 2 gym clubs have equipment in there also. they expect me to come up with £500 a month and i only get child benefit and child tax credit. (£420) a month.

 

They have threatened to come in and take everything if i dont keep up with payments, but i have run out of people to borrow the money from. I have signed a surrender of leese with the landlord so i am no longer responsible for the leese. I have sent an email to the council to ask them to take back the debt and offered £100 a month but they havent even answered me. There will be approximately 450 kids unable to do their gym if the bailiffs take their stuff. can the bailiffs still break in??

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mostly mine, including my car, a tv belongs to my son and the desks where there when i got the building and the landlord said i could have them. all the other stuff they put down is mostly rubbish. its not my stuff i'm worried about but i have no-where else to put it so left it at the building

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We need to distinguish if the "bailiff" is infact a bailiff working for a private company or is he a High Court Enforcement Officer acting on a writ of Fi'Fa'?

Who is the creditor? do/did you trade as a Ltd. Company or as a sole trader? all these factors have a different impact as to if the "bailiff" can force entry.

 

WD

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Hi thanks for the response, The bailiff is Ross & Roberts civil enforcement agents acting for south somerset district council for business rates.

I was a sole trader and ceased trading in july, i have now signed a surreder of lease so have no right to access the property.

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