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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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Water dripping through my ceiling - whose responsible?


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I own a flat which is tenanted. My tenant contacted me four days ago to say there was water dripping through the lounge ceiling. He had contacted the management agents three times during that day and they only contacted maintenance people at the end of the day.

 

I contacted the landlord of the flat saying that would really appreciate his intervention especially as the obvious remedy was to turn off the water at source! Basically the apathy of the landlord, incompetence of managing agents, unavailability of maintenance has led to this problem continuing depsite daily phone calls, emails to try and get this sorted. the problem getting progressively worse.

 

Finally tis morning a plumber turned up at my flat looked at the ceiling and said - "Looks like the bath!” and there were we thinking it must be the TV!

 

Anyway - currently there is water staining on the ceiling and te potential for theceiling to collapse - does anyone have opinion on who is culpable for repair/decoration?

 

I shoudl say that last year another leak led to another portion of our ceiling collapsing leaving me with (uninsurable) relocation costs for my then tenants who I could not see stay there while repairs took place and insurance excess etc etc. all in all that cost me a fortune

 

I dont see why I should have to take all the pain/workload for something that is wholly originated by the flat upstairs. the landlord upstairs obviously couldnt care less. The flat upstiars is currently untenanted btw.

 

Thanks in advance

 

GIB

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Normally, the neighbour upstairs is not responsible unless you can prove negligence. If they had a washing machine that failed once for instance, they would not be negligent. If however, they knew that the washing machine was faulty and they continued to use it time after time, causing flooding to occur, they would be negligent.

 

You will have to claim off whatever Insurance you have for the ceiling and let the Insurers deal with trying to reclaim off the neighbour, if they think it is worth it.

 

If you are not covered by Insurance, then think about sending the neighbour a letter, saying that you are looking to make a legal claim against them, for water damage caused to your flat. Ask them to advise how they have managed to let water leak into your flat and to provide details of their Contents Insurance policy provider, as you that may provide occupiers liability cover. Recommend to them, that they should contact their Insurers claims department about the letter, as the Insurers may wish to respond directly.

 

That is the way I would deal with it and see where it goes.

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