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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
      • 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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Hi

 

If you are sure you have all the information from both equita and the Council, you should be able to state your case and give your arguments that will culminate in a request for £xxx to be refunded. in writing,..... send initially to the Head of Revenues at the Council and copy in Equita...remember it is the Council who are liable as they employ the bailiffs as their agents.

 

There is no template as each case differs in circumstances...if you are stuck what to write post back and ask if a cagger can help....I am so sorry not to able to step forward and offer to write for you but at the moment I need a 48 hr days to keep on top of those I am currently helping.

 

WD

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Hi, peeps.

 

Haven't been about for a bit, but now getting back into things as two friends have been very badly mauled by 'bailiffs'.

 

Start here ..[edit]

Good luck - I'm now assisting in two cases, neither of whom are CAGers, but I will post up each stage as things get going.

 

(*) I particularly liked the bits regarding the Fraud Act 2006 ... Marstons, your card is marked.

 

It's good to be back.

 

Xx,

T.

Edited by seanamarts
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"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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  • 2 weeks later...

Hello all, so I've had the baby and now I'm very keen to attempt to claim these fees/charges back, please,any help writing a letter to equita/south oxfordshire district council would be VERY appreciated as I'm not really to sure what on earth to write.

 

Also I received a letter from SODC this morning saying that for the year in question (2011/2012) I over payed and I can claim a refund of £33!!

 

Thanks :)

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Hello again, is there anyone who can please give me a rough idea on what i need to include in a letter to equita with regard to attempting to claim these fees i paid back? Also is it likely that i will get the money back? Thanks Samantha :-)

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  • 5 months later...

Hi need-help - do you still need help with this?

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Hello,

 

Thank you :) To be honest I had come to a dead end a few months ago because I didn't know what the next step was. I assume you've read what has been happening up 'till now? I haven't done anything from my last post. I hope I haven't left it too long, is there a limit on time to appeal or such?

 

Thanks for your time

Samantha

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I haven't challenged anything yet. When I payed the bailiff, the same day he posted 'form 7 notice of seizure and inventory of goods' through my door I explaned to him that the only thing on his inventory was a car which didn't even belong to me so I wanted to just pay the outstanding balance, he told me I had to pay everything otherwise action against me would continue and I would have another visit the next day. He said if I wanted to dispute it I had to write to the legal department??

 

I did write to get a breakdown of charges and payments I've made etc. This is how it goes:

 

Debt: £1,030.00

statutory visit fees: £24.50 - 30/08/11

Levy fees: £41.00 - 12/06/12

Enforcement fees £167.00 -12/06/12

Card charges £21.00

Unpaid direct debit £65.28 - 04/01/12 & 27/04/12

 

TOTAL: £1,348.78

 

Received:

 

14/09/11 £34.00

22/09/11 £34.00

30/09/11 33.00

07/10/11 33.00

14/10/11 33.00

21/10/11 33.00

28/10/11 33.00

07/11/11 33.00

11/11/11 33.00

21/11/11 33.00

28/11/11 33.00

02/12/11 33.00

09/12/11 33.00

19/12/11 33.00

26/12/11 33.00- unpaid direct debit

23/03/12 40.00

31/03/12 40.00

16/04/12 40.00

20/04/12 40.00- unpaid direct debit

14/05/12 9.70- direct payment made to council

07/06/12 21.00

12/06/12 734.08

 

Total receved: £1,348.78

 

BALANCE £0.00

 

I also received a letter from the council saying I over payed by £33 so I could claim a refund??

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The levy was not lawful so you can also knock off £290. 00 odd however add on £18.00

 

No lawful levy, no levy fee, no levy fee, no enforcement fee.

 

Cannot charge a card fee or charge for an unpaid DD.

 

I would have a word with the council about this as they are responsible for their agents.

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