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    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe? 
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
    • Also, have you told us how much you paid for this vehicle? Are there any other expenses you have incurred – insurance, inspections et cetera? How far away from the dealership do you live?
    • In fact I see that in the document you posted above – your letter to big motoring world you refer to the diagnostics report and you say that you sent a copy to big motoring world but you haven't let us see it. Any reason for this?
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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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Hopefully somebody will be able to help with my query about tenancy deposit schemes. To cut to the short of the story - having checked the three tenancy deposit schemes available I couldn't find a record of the deposit paid for tenancy back in April. I have since been in dispute with my landlord who hasn't provided me with any details of where my deposit was secured (I understand now that this should have been done within 14 days of receiving my money in writing). I last checked the databases for the deposit last week and couldn't find it. Last night I received a text message saying that my deposit was secured with one of the three databases and sure enough I found it. It says the money was deposited in April - but I cannot understand why I have never been able to find it. I am wondering is it possible for deposits to be made to these schemes and backdated. I am really suspicious that the money has only just recently been deposited and somehow backdated - or even if there is something more untoward going on. My landlord works in the letting/estate agency business. I have still not been provided with an original letter stating my deposit is secure but have received a rather poor image of the letter by text. Has anybody been in a similar situation as this - or give me any advice please.

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Since 6 Apr 12, LL had until 5 May to protect any deposits for existing pre 5 Apr Ts AND to provide the stat 'required info' (which is several pages long). A single letter stating deposit protected in and account ID is insufficient to avoid claim for deposit non-protection; which a LA should realise.

Until 'reqd info' is provided by LL/agent to T, then a valid s21 Notice cannot be served, but s8 Notice can be served.

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Hi Mariner, excuse my rudeness here but my landlord is waiting a reply from me right now and I have a thread of my own with a very similar question. I would be ever so grateful if you could spare a moment to have a glance at it. Thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?368373-Need-advice-on-Tenancy-Deposit-Scheme&p=4010463#post4010463

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Hi All,

 

There are 3 deposit protection schemes that operate in England & Wales, any deposit taken on an assured shorthold tenancy agreement must be protected with one of these schemes within 30 days of the deposit being taken or the associated tenancy starting (whichever is sooner), the 3 schemes are:

 

Tenancy Deposit Scheme (TDS) - www(dot)tds.gb.com

my|deposits - www(dot)mydeposits.co.uk

Deposit Protection Service (DPS) - www(dot)depositprotection.com

 

If your deposit has been protected with a scheme then you are able to raise a dispute (free of charge) if you do not agree with the deductions from your deposit at the end of the tenancy.

 

If you think your deposit has not been protected, please check with all 3 schemes and if it has not, any further action would have to be taken through the courts.

 

Similarly, if your deposit has not been protected within the specified 30 day timescales, this would have to be raised in court too. I hope this is useful to you.

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But from what I have been told on CAG, someone in my position has no avenues at all to go down. My deposit is not in a scheme, my tenancy was taken out in 2006 or 2007 and has been ongoing since

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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But from what I have been told on CAG, someone in my position has no avenues at all to go down. My deposit is not in a scheme, my tenancy was taken out in 2006 or 2007 and has been ongoing since

 

I can confirm that if the tenancy before April 6th 2007 and has not been renewed or had any major changes to the agreement since it was drawn up then the deposit did not have to be protected by law. The deposit protection legislation only covers tenancies which began on on or after 6th April 2007 (bearing in mind that a renewal agreement/major changes constitutes a new agreement).

 

This might explain why your deposit is not protected. However, if you feel it should have been and is not then you may wish to approach the Citizens Advice Bureau or Shelter (www(dot)shelter.org.uk) for advice on how to pursue the issue of non-protection of your deposit/ I can also confirm that the courts are the only entity that can deal with a deposit where it has not been protected with one of the 3 schemes.

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Well I have a feeling it has been renewed along the way, but coiuld be wrong. One thing I do know for sure is that it has just changed. My landlord handed the tenancy to HIS landlord (he sublets), so in effect we now have a new landlord who we have never dealt with before, although in context of the law and the contract, I think they will claim it is the "Superior Landlord" that has taken over. Would this constitute enough of a change to warrant a protection of my deposit do you think?

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Thanks Mariner, I assume thats only something you would do after you ask for it and they won't give it back?

I am not at that stage, I am still renting but planning on moving in next few months. I am just concerned as to whether it should be protected due to landlord change

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Well I have a feeling it has been renewed along the way, but coiuld be wrong. One thing I do know for sure is that it has just changed. My landlord handed the tenancy to HIS landlord (he sublets), so in effect we now have a new landlord who we have never dealt with before, although in context of the law and the contract, I think they will claim it is the "Superior Landlord" that has taken over. Would this constitute enough of a change to warrant a protection of my deposit do you think?

 

Hi A+, I am afraid I cannot advise as to whether the superior landlord taking over would constitute enough of a change to warrant the protection of your deposit - this is best directed to an independent legal advisor. If it transpires that the deposit should have been protected, you are able to issue court proceedings if you wish to do so, from the 31st day after which the deposit should have been protected (as the deposit needs to be protected within 30 days) even if the tenancy is still ongoing, again it may be wise to speak with an independent legal advisor before doing so.

 

I have taken some wording from the TDS guidance on the Localism Act 2011 changes below:

 

"(The 30 day time-limit within which to protect deposits) is an absolute time limit and a tenant will be able to make a claim from 31 days after deposit payment if the requirements relating to protection have not been met. The claim will be for the return of the full sum of the deposit along with a penalty of between one and three times the sum of the deposit, to be awarded at the discretion of the Court."

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thank you very much for your help Michael, very kind of you

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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