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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, just need a little advise. i had a visit today from marston who left a 'removal notice' in my door. as far as i am aware they have not been to the house before.

 

I had a penalty fine for failure to display tax disk (dvla never sent it) . at the time i was struggling to find £500 a month to pay another bailiff, so i put it off, i know totally my fault.

 

the original letter was for £90 fine + £75 fees. now on the removal notice its gone up by £200 to £365, Can they charge this much!!!!??

 

a couple of weeks ago i went Bankcrupt as i couldnt take the stress anymore. and have been busy trying to get things ready for the OR.

 

I assume they cannot levy distress on anything as my assets belong to the OR (not like i have much)

 

I want to phone and make instalments, i just want to know where i stand and be armed when i phone

 

any help would be much appreciated.

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I am assuming that a levy was not made on any goods of yours. It would appear that your bankruptcy pre dated any seizure. All goods that you own are now vested in the control of the trustee in bankruptcy.

 

The problem with court FINES is that they cannot be included in a bankruptcy. This is because, a fine is actually a PUNISHMENT for wrongdoing. Nonetheless, the bailiff cannot remove any goods of yours as they are in the control of the trustee.

 

The contract that Marston Group has with HM Courts does provide that in exceptional cases the company may accept payments that are spread over a period of a maximum of 6 months.

 

The correct course of action would be to send an email tomorrow to Marston Group to advise them of the bankruptcy and to give details of the court number etc.

 

PS: The bailiff may attempt to say that you need to call friends or family to ask them to help you pay this debt. You will need to be VERY careful as bankruptcy legislation does NOT permit you to borrow money......

Edited by tomtubby
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