Jump to content

  • Tweets

  • Posts

  • Our picks

    • 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
        • Like

Rent in Advance claim from Landlord

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4640 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

Hi All


I paid £850 deposit about 3 years back when I moved into a rented house. I have moved out of house this month and requesting them to pay my deposit back. Landlord and agency trying to avoid me and seems not in a mood to pay my money.


My money is not protected in any of the TDS schemes. When I send Agency and LL notice to pay my deposit or else I would go to court and claim 3x then agency told me that its not deposit its actually 2 months rent in advance. I have been paying rent each and evrymonth and also paid rent last month.


Please can some one advise if I should still go to court on completion of 14 days notice?


Also, I have not handed over keys as I have told them that I will give keys only when they pay my money back. Will this have any impact on my case when I go to court?




Link to post
Share on other sites

So you made two months in advance.

Did you pay in advance from the second month.

sorry just trying to get what you had paid.

If you paid in advance they owe you for one months over payment.

I cant understand why they asked for two months upfront instead of one month rent and one month deposit.

Have you got proof of all payments and when payments were made.

Link to post
Share on other sites

I suspect the 2 month rent in advance was to evade the tenancy deposit rules.


Unfortunately, recent case law indicates that you would struggle to get the 3x penalty because you have now moved out. However, you could sue for the deposit.


I guess you should write again and state that you would like your overpayment of rent back.

Link to post
Share on other sites

Yes, When I moved in, first month I paid two months advance. From second month onwards I kept paying one month rent every month in advance. So basically they have had extra one month rent in advance.


Do you think the house keys can impact my case? I have not handed over keys yet.


Edit: I have paid rent each month online thru my bank account, I can get my bank statements.

Link to post
Share on other sites

Have you and the agent clearly understood that you have moved out. The risk in keeping the keys is that they say that you haven't actually moved out (or they pay a lot of money to change the locks and take it out of your deposit). Personally I would return the keys.

Link to post
Share on other sites

You certainly have good grounds on getting your one months over payment back, you could go down the small claims track. I would also give keys back asap. With a stern letter that they have so many days in paying back the over payment or you will start court proceedings via the small claims route.

Link to post
Share on other sites

The most relevant case is:


gladehurst properties ltd v hashemi


See for example:




As far as most people are concerned, the judgement is technically bonkers. But essentially that is now the law unless and until the Localism Bill includes an amendment.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?

  • Create New...