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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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Collection From Ex-Client


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I am a self-employed bookkeeper and have just won a CCJ against a former client who owes me nearly £11,000. However, he gave the court his old address, his company was registered at his parents house, but he's also changed that to the old address. I don't know his personal address and his mobile is off. He does have assets (some at his clients premises, as he hires out equipment), but has put his car in his Dad's name and may have moved / sold the bulk of his equipment. How do I get a Writ a Fifa against him? How much should it cost? Can I do it myself? As a mother of a small child, I work part-time and had to pay for child care to do this clients work, so am seriously skint now. Is there any point persuing this any further? I would really like him to stop doing this to other people.

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How do I get a Writ a Fifa against him

 

Not sure what you mean here ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I filed the claim against him on Money Claim online. I won and found out that because it's over £5,000 that I can't get a warrant against him. It seems I have to get a Writ a Fifa - whatever that is.

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Writ of FiFa is derived from the Latin term “fiery facias” and forms part of the law of execution; this is another solution after a judgment has been issued. A Writ of FiFa is the High Court equivalent of a Warrant of Execution, but unlike a Warrant of Execution it does not require any notice to be given. County Courts do not have the authority to issue these Writs. It is an order to the authorised High Court Enforcement Officer to seize assets and sell the possessions of the debtor to enforce the money judgement whether that be commercial or residential premises.

 

 

 

 

The minimum amount a Writ of FiFa can be issued for is £600. Court Fees and Statutory Interest may also be added to the original Judgement once the Writ of FiFa has been issued.

 

http://en.wikipedia.org/wiki/Fieri_facias

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Execution against goods is a very popular method of enforcing a money judgment. It requires the issue of a court document (in the High Court, a writ of fieri facias) which commands an enforcement officer to seize and sell a judgment debtor's goods and raise funds to satisfy the judgment debt.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Could you message the site team the name of the companies and the directors name ?

Do this via the report triangle lower down page here.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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ok.

I think it may be worth you speaking to a HCEO firm.

These will advise on the process,assist with the paperwork,and also give you a price.It is well worth looking for some quotes from a few different ones.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The guy is showing as having 2 active companies one of which is the company you advised.

On the particulars of claim,how was the defendant addressed ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Please keep us updated.

There have been a few similar cases to yours which were quite exhasustively discussed on the site.

I will try and find the links to some of those threads.

You mentioned the guy changing addresses,and we will look at this,having access to the information now.

Perhaps you could let site team have the address to which the claim was filed at.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Tools of Trade can be a nightmare with business users.

I remember we had a Taxi Driver and they took his car-it was deemed that he did not need a £10k car and could get something cheaper.

I suppose with the hire equipment,it would come down to the proportion of business that the hire outs are generating for his everyday business.

If hire is the core business,then it would be a good arguement.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I had a shop in 1999 and got behind with business rates,Council sent in bailiffs who did a levy on goods including the till.

I argued that they could not take the till as all the stock was programmed in there and it was linked to the stocktaking.

The smart ass replied that I could use a book and give customers a written reciept.

The aggro factor prob got the arrears paid quickly-I didnt fancy doing all that stuff.

You can tell customers the till has broke-but they expect you to sort it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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