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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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section 21(b) notice


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Help. My new landlord has served me with a section 21(b) onthe 3.11.2011. I moved into the property on 1.5.2004(tenant for 7 yrs). I called him as soon as I received the letter which was delivered by hand under my apartment door. I am very distressed by this and do not want to move out. My last landlord was very good to me but I did take three months of work due to ill health and was unable to pay the rent for that period. He told me not toworry and that he will take it out of my deposit (£2080 and held by tenancy deposit scheme). He sold the property on 12.8.2011 and gave me a new contract to cover me till 1.5.2012 which I forgot to sign. I have only been issued with three contracts since I moved in 7 years ago and just presumed that tenancy was renewed yearly and it didn’t matter if I signed it or not.

 

I went to get some legal advice and they pointed out there was a 6 month clause on the last page of the contract, with is titled, ‘mutual agreement’. I have provided the legal advisor all the documents they requested and they said they will get back to me within two weeks but warmed me it does not look good as the new landlord seemed to be following the correct procedure.

 

Additionally, he did inform me when he took over as my new landlord that he has paid of my arrears and I need to pay him back and has called me a few times about this. Initially he did agree to take this out of my deposit when I pointed out that my old landlord agreed to this. But he changed his mind shortly. Furthermore he told me that he wants me out so that he can rent it out for an extra £300 a month. Because I have lived in my apartment for so long, the rent has not increased and I think he was not happy with the fact that my rent is so low for the area.

 

I am in a vulnerable situation at the moment as I am not still hundred percent better health wise but still need to work and attend uni.Has anyone been in a similar situation? What do you advice?

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I am guessing new LL bought property with sitting T (you) on a stat periodic T, on same terms as AST. LL can serve s21 at anytime, it is only Noticce to seek possession'. He still needs Court repo order if you do not voluntarily comply. Als0 s21(b) may be wrong, (fixed term).

I assume new LL provided you with notice that he is your new LL and provided reqd info, that your deposit in full has been protected in his account, name and account no of scheme?

 

Check with your ex LL whether your full deposit was transferred and if buyer paid off your outstanding rent at time of purchase. Pref get ex LL to put it all in writing to you. IMO new LL has jumped the gun by serving s21.

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Thanks Mariner51 for your advice. Yes my deposit is protected and I have a letter to confirm this and yes you are right he has jumped the gun as he wants more money. I live in a trendy area but it’s too noisy to study and I was going to move out in the summer. Due to health issues I have been advised to avoid very stressful situations, so have to stay put. Additionally, I checked with land registry and the property actually belongs to someone else who I contacted anonymously. They confirmed that they owned the property and no sale has taken place. Why would the new LL lie? Outstanding rent has been put into writing (invoice) but not clear. It shows payments going back for the last 4 years but it does not really specify what months I owe money.

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Yes my deposit is protected and I have a letter to confirm this and yes you are right he has jumped the gun as he wants more money

That is not what I meant. LL can increase rent during SPT, by serving s13 after 12 months since last increase; at any time by mutual agreement or by T signing a new AST. Who provided deposit letter ex or current LL? I meant new LL poss jumped gun by serving s21 before other required notifications eg change of LL , contact details, new deposit account 'reqd info'.

Outstanding rent has been put into writing (invoice) but not clear. It shows payments going back for the last 4 years but it does not really specify what months I owe money.

All that is required by Judge is rent statement showing amounts due for rent period and ind rent payments received, pref with dates Rx

Though any self respecting LL should know amount of overall arrears.

 

Additionally, I checked with land registry and the property actually belongs to someone else who I contacted anonymously. They confirmed that they owned the property and no sale has taken place

Didn't you think this info was material to your orig post? If indeed this person owns the building/flat and not just the freehold, he needs to be made aware of current situation. Poss ID theft & fraud by ex LL?

Check with your ex LL whether your full deposit was transferred and if buyer paid off your outstanding rent at time of purchase. Pref get ex LL to put it all in writing to you.

This question remains unanswered. Who currently do you pay rent to? new/ex LL or LA? Why?

 

No T question is simple, too many factors may relate, so full disclosure, whilst maintaining anonyominity is advised to save time.

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Who provided deposit letter ex or current LL? I meant new LL poss jumped gun by serving s21 before other required notifications eg change of LL , contact details, new deposit account 'reqd info'.

Ex LL provided deposit letter and then the new LL sent one to me. I have also checked online to verify everything myself. New contact details of LL were provided to me when he took over in August. The letter also said that he has bought the property too, which is not true.

 

Didn't you think this info was material to your orig post? If indeed this person owns the building/flat and not just the freehold, he needs to be made aware of current situation. Poss id theft & fraud by ex LL

 

The new landlord is in fact just the new property manager and manages the letting agents next door to the building.

 

Check with your ex LL whether your full deposit was transferred and if buyer paid off your outstanding rent at time of purchase. Pref get ex LL to put it all in writing to you.

I have emailed and called him, no response. He lives abroad and when he was the property manager/LL; His office was next door to my flat and all correspondence was sent there. It all just sounds dodgy. Apparently the new and old LL/property manager seems to know each other from conversations I've had with the old one before transfer.

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