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    • I will annotate the message I sent for the forum.  Sorry, didn't see this straight away...
    • I went back to the area, this photo is taken on entry. My vehicle was parked in the first space on the left.    Would you say there is sufficient signage ? It’s different to the street view as one sign is missing. The sign nearest to where I parked is 2.23m above ground! So even if the car had been reversed parked in front of it, I don’t think it could be seen. PCN PPM.pdf
    • Thank you. I expect that @dx100uk will be along soon to give advice. Meanwhile, I really wonder whether the default date – as being the starting point of the six years – something which has been decided in law. It has always seemed to me to be extremely unfair. According to the limitation act, the six year period begins from the date on which the cause of action accrued. This normally means that the breach of contract occurred. Section 6 of the limitation act says that in terms of loans, the cause of action begins on the date that the debt was "demanded". Over the past two years this has come to mean the date that the default notice was issued – but I have to say I don't find that very satisfactory. If you received demands for payment before then then I don't see why section 6 shouldn't refer to that date. Did you not receive any correspondence at all in 2017/2018? What was the value of the original loan – and how much you pay off? I see that there was some kind of instalment agreement. Tell us about that. See what my colleague @dx100uk says but anyway, if I were you I would send off an SAR immediately both to the claimant and also to the original creditor. It costs you nothing. There is no downside. Get in the post straightaway with some kind of utility bill establishing your identity. You can even include a copy of the claim form as well as proof of your identity
    • £749.69 court fee £70 legal fee £70 total £889.68 MyJar TM.pdf
    • Please read and complete the following posting your responses back here for further advice. Topic title amended.   .     .
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    • 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
      • 161 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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Stage two complaints (housing)


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I am wondering if anyone here has had any experience with the timescales involved in moving a stage one complaint to stage two?

My landlords are a housing association, I have had a disrepair problem going on now for 28 months I have been through a stage one complaint procedure, which I asked to be moved to stage two at the beginning of this month, I received a reply today stating that the first stage two meeting available would be mid August, this seems rather a long time, so is this a typical time frame or am I being a bit impatient?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Hi osdset,

 

Did you receive a copy of your housing association's complaints procedure when you made your stage 1 complaint? If you did, it may give timescales there.

 

My housing association do not give timescales for stage 2, as I found out when I made a stage 2 complaint last year. I decided to pursue mine after 4 weeks, as that was the time given for a stage 1 complaint to be addressed. Mine was not related to disrepairs though.

 

Your case seems like it has been going on for a while, might be worth checking to find out what they are looking into. I may be wrong here, but I would have thought a stage 2 complaint would only look into the issues already raised under the original complaint unless something new has come to light? Maybe someone on here with more expertise could answer that particular point.

 

Hope this helps in the meantime.

 

Good Sister

Any pearls of wisdom that I give on the CAG forums is based on previous experiences and knowledge I have gained from being on these forums.

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Hi osdset

 

Agree with Good Sister you really need or do you have a copy of the housing associations Complaints Procedure and if not why not as you should have already been given this by the housing association.

 

To get the best advice could you please give use a breakdown if you dont mind of what lead up to your complaint and the housing association actions. Remember also to keep everything in writing only (always best to have a paper trail) if they phone just say you wont discuss this on the phone can they send it in writing.

 

These documents may be of some use they are from Housing Ombudsman Service:

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Thanks for the reply's

A full breakdown of events would run into pages! So I'll give a condensed version, during the winter of 2009 I reported damp issues effecting the lounge and bedroom of my flat, in Feb 2010 a specialist firm sent a surveyor who carried out a comprehensive inspection, he compiled a report with recommendations and submitted it to the HA.

Weeks went by without any communication, so I started complaining again, surveyors came and went all of them put the problems down to condensation, I strongly disagreed (I had been actively engaged in the building industry for over 35 years, and am experienced enough to disagree), I eventually escalated the complaint to stage 1 in 2010.

The HA eventually agreed with 50% of my complaint and assured me that they would be robust in dealing with the issue, so I gave them the benefit of the doubt, however they still insisted on treatment consistent with condensation, operatives visited scratched heads, offered to wash down walls, one even removed a section of plaster, only to patch it up again, in short the HA had instigated a series of cosmetic remedies, I sent letters e mails...........the list goes on.

Finally in the winter of 2011 yet another surveyor (by this time six surveyors had left the HA's employ) diagnosed the problems as mainly being due to severe rising damp caused by damp course failure.

I then contact the director of the Housing Association, referred him to the 60 odd letters, and 98 e mails I had sent over the whole period, and requested my concerns be escalated to a stage two complaint, they insisted that it would have to go through stage one again (sigh)

So in summary I have instigated two stage one complaints and one stage two, and the work still has not been done!

The holdup on the works at present is my doing as they are insisting I decant the property for an unspecified period of at least one month, as in their words the property would be uninhabitable, fair enough but in the meantime someone at the HA discovered that I have chronic obstructive pulmonary disease, so they are now insisting that I provide a medical report to justify the decant that they insisted on in the first place!

The way this situation is going I can see it ending up in court.

Edited by osdset

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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