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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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first thing to do is send this to the bailiff firm with a copy sent to the council revenues department it can done by e-mail

Name

Address

bailifflink3.gif Ref: Account No: 123456

Council Ref No: 435672

Date

Dear Sir,

With reference to the above account please provide me with a breakdown of all fees charged and payments made for the above account

This includes:

a - the time & date of any bailifflink3.gif action that incurred a Fee.

b - The reason for the fee.

c - The name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - The name(s) of the Court(s) the Bailiff(s) was/were certificatedlink3.gif at.

e - The date of the Certification.

This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10.

The National Standards for Enforcement Agents state that if a written request is made an itemised account of fees will be provided.

Please provide the information requested within 14 days of this E-mail /recorded delivery letter

Yours faithfully

Ripped off customer

get this information from the council you should be able to get this over the phone so have a pen/paper ready

 

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

 

 

 

what council is it ?

what bailiff firm is it?

 

tell us exactly what goods have been written on all notice of seizure's

council tax outstanding balance and fees charged on all notice of seizure's

dates of all notice of seizure's

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can you tell us council tax outstanding balance and fees charged on all notice of seizurelink3.gif's

dates of all notice of seizure's

 

was the account you paid in full paid before they levied your goods the 2nd time

 

the answerers to these questions are important because if goods are already subject to a levy they cant be levied again

the dates of the Levy's outstanding balance to the council and fees charged are also important it helps us work out if the Levy's were charged correct

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first notice was for £423.91 plus £74.50 fees which now totals £522.91 (could he not add up) £498.41 over charged £24.50

a levy fee on a debt of £423.91 is £37.50 the walking possession fee is £12 (if you signed the WPA) total £49.50 not £74.50

 

second notice for £498.16 plus fees of £76.50 which now totals £592.66 (ditto) £574.66 over charged £18

levy fee £41 walking possession £12

 

your bailiff may get away with one of the Levy's being lawful but not them both as they can only levy your goods once multiple fees/Levy's are not allowed to be charged the same day

 

This amount was for £590.82 plus £102 fees which totals £694.82 (could not add up) £2 over charged

this levy is unlawful because goods are subject to a previous levy

 

as you can see you have well and truly done over not only with the fees charged but also with the multiple Levy's

 

before we can take this further we need the information from Jacobs (breakdown of fees )

 

you say that some this is for a previous address the questions you have to ask the council need to done to confirm you have not been charged for a period after you moved out the property and also the liability order amounts are correct

 

your bailiff has been very bad he should have broken down the fees as in

 

previous visit fees £xxx

levy fee £xxx

walking possession fee £xxx

 

is your bailiff certificated to Jacobs

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

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I was told to expect a payment card through the post to pay at a paypoint or post office

I waited for the card to arrive which missed the due date for payment and was sent three letters telling me I had broken the arrangement and needed to pay all the outstanding amount otherwise the bailiff would come round to seizelink3.gif my goods

 

and i can bet you have been charged a van/attendance fee on one or both accounts because of this

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