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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
      • 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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Here is one from the Daily Post in North Wales where a widow of 81 has ended up with a liability order over a mix up. The council didn't get their £70 costs awarded, but got their LO, Saying it had to go before the court as once applied for they have to go to court? I thought they could withdraw the action if the account was settled. hopefully this can be clarified.

I expect the incompetents in Denbighshire will send Excel Enforcement in, soon, by mistake of course?

 

http://www.dailypost.co.uk/news/north-wales-news/2012/06/13/north-wales-gran-81-in-court-over-56-late-council-tax-payment-which-she-paid-55578-31170660/

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There has to be something more behind this reluctance to put things right than just intransigence. There has to be.

 

Orders handed down from central government? A threat to executive perks or something?

 

The council can apply to the Magistrates' court to quash a Liability Order, so preventing one going to court should be much easier and the preferred option if they learned beforehand that it was unnecessary.

 

I wonder why the chairman of the bench threw out the costs, but granted the liability order. It seems Magistrates don't have much discretion here as clearly the order wouldn't have been granted either.

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I think the magistrate granted the order as maybe he thought he had to, the fact that the debt was discharged seems to matter not one jot, so the mealy mouthed people in Cyngor Sir Dinbych, can set Excel on the poor woman when they mess up again. these are as incompetent as NELC if this is anything to go by. heaven help people who lose a job under the new Universal Credit, as Council Tax benefit is to be handled in a central location, and removed from councils, who no doubt will go for liability orders for all benefit claimants to hedge their bets.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Technically the Council did nothing wrong and the Magistrate had to follow due process. Morally they did everything wrong and should hang their heads in shame, to make it worthwhile they had to have their costs, shame the elderly lady did not ask for her own costs.

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What rights do people have to go back to a magistrate to challenge and for consideration of their own costs, when any mistake had been made with a LO ? Surely there must be some form of process for this. This is particularly important given the alleged way councils apply for LO's in bulk and where people have not apparently been given the right to challenge. I may be mistaken, but I have read several posts, where it appears whole lists of LO's have just been rubber stamped by magistrates. In one case, the council had given the wrong details, as to which magistrates court dealt with it.

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Technically the Council did nothing wrong and the Magistrate had to follow due process. Morally they did everything wrong and should hang their heads in shame, to make it worthwhile they had to have their costs, shame the elderly lady did not ask for her own costs.

 

You could liken the council's actions to a scenario where a motorist knocks someone down and refuses to give assistance. When quizzed why no help was offered, the motorist responds by saying "the pedestrian had no right of way and was therefore in the wrong"

 

In other words there's just something missing....

Edited by outlawla
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Technically the Council did nothing wrong and the Magistrate had to follow due process. Morally they did everything wrong and should hang their heads in shame, to make it worthwhile they had to have their costs, shame the elderly lady did not ask for her own costs.

 

If a debt is discharged before the court date does the magistrate have to grant the Lo or could he refuse to grant it? If it was a CCJ there would be no grounds to grant ome even by default if the debt didn't exist any more.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I have read somewhere (I cannot remember where) that in one case featuring a doughty octogenarian the Magistrate said in the court proceeding that they (the Magistrate) was under contract to issue the LOs.

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I have read somewhere (I cannot remember where) that in one case featuring a doughty octogenarian the Magistrate said in the court proceeding that they (the Magistrate) was under contract to issue the LOs.

If they are "Under contract" that makes a mockery out of due process ergo, debt paid so doesn't exist anymore, so no ground for council to carry on and seek the Lo, but magistrate grants it anyway, as there is a contract between HMCS and a council. This is pernicious and wrong footed legislation.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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heaven help people who lose a job under the new Universal Credit, as Council Tax benefit is to be handled in a central location, and removed from councils, who no doubt will go for liability orders for all benefit claimants to hedge their bets.

 

Actually as part of the localism bill CT benefit it is envisaged will become Council Tax Support in 2013 and will be the only thing administered by the Council under UC.

 

Since there will be a 10% reduction in current funding and 50% + will be pensioners who are not liable, the burden then falls on those low paid on JSA & ESA.

 

So enforcement will be on quite low amounts monetary wise - maybe they're just practicing?

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Actually as part of the localism bill CT benefit it is envisaged will become Council Tax Support in 2013 and will be the only thing administered by the Council under UC.

 

Since there will be a 10% reduction in current funding and 50% + will be pensioners who are not liable, the burden then falls on those low paid on JSA & ESA.

 

So enforcement will be on quite low amounts monetary wise - maybe they're just practicing?

I went to a seminar on UC, and apparently the council tax benefit or it's equivalent will be centralised and not administered by councils as at present. Usual carp then misinformation and muppetry.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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