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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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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All inclusive rent ends up not including council tax


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Hi everyone,

 

I am finding myself in a sticky situation,

I have been renting a 1 bed house since January this year, privately and not thru an agency.

Me and my girlfriend did not sign a paper tenancy agreement, knowing the landlord and having rented from him in the past. We have been told that the rent was all inclusive and not told "bar council tax".

We received a letter from council asking us as we are the occupier to pay for the 3 unpaid months of CT.

 

The verbal agreement was all inclusive, and the landlord did not tell us at anytime that we had to pay CT.

Who is then liable to pay the council ? as we thought part of our rent was being used to do so.

 

We then learned the SAME DAY, that the property was being repossessed in june...

Now in the situation where council is asking for around 400 pounds and need to pay rent this month.. plus find a deposit and month rent for a new property ( about £1700 in seaside Exmouth where we live ).

 

What are my options regarding the payments to the council ?

 

regards.

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The law is pretty clear and states that the individuals who are resident at a property are responsible for paying the Council Tax (irrespective of any private agreement between the tenant and landlord).

 

Not what you want to hear I know but sadly you will end up having to pay the council, if there reasonable they'll come to an agreement to repay ask for a hold to be placed on your account and offer to make monthly payments to cover the arrears. Whatever you do DON'T leave it get to court you'll end up paying additional costs and may end up with a bailiff chasing you.

 

You may be able to reclaim the money form your landlord if you could prove breach of contract in the small claims court, but as the contract was verbal it may be difficult!?

Edited by revshelp
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Thank you for your answers,

 

We are living in a flat at rattached to an HMO.

How can it be classed as self contained flat " definition of self contained: Constituting a complete and independent unit in and of itself ". when we do not have or own electric water and gaz ?

We are completly dependant from the HMO we are rattached to for these services.

 

We also have a door in our living room opening into the HMO, which people living there could open if they wanted to. Our living room is then just another room of that HMO...

 

The adress registered on the council website is Rear of "house number" all our bills are for Flat,"house number" there for we are occupying Flat, and no one has any proof of me being related in any way to "rear of" for which they are asking the CT.

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If it were a HMO then the landlord would be responsible for paying the Council Tax as theres different regulations. Whether or not a property is self contained is a little outside my are of knowledge, my understanding is that if the 'flat' has its own kitchen and bathroom which can be separated (e.g. with a lockable door) from the rest of the property it would charged Council Tax in its own right, even if theres a communal front door, stairwell, etc.

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the door in our living room leading to the HMO is not lockable.. it is possible to open it from inside the HMO so therefore anyone from that HMO could access our flat. which is why i dont understand why we have to pay council tax in the first place.

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Was it a registered HMO? Check with the Council if it was then as previously stated the LL would be responsible for CT, if it were not registered then you will be responsible.

If I have been of any help, please click on my star and let me know, thank you.

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If the flat and the main house appear as separate entries on the Council Tax 'Valuation List' then you'll be expected to pay the CT on the flat as it wouldn't be considered part of the HMO. You may find it useful to speak with the listing officer of your local Valuation Office as they would be responsible for deciding which properties should appear on the list and what is considered self-contained.

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