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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
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    • 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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What is a realistic charge for a bailiff attendance?


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Where I find the problem is making the distinction between the Certificated Bailiff & the HCEO. I don't see a difference between the two & strongly believe the charges applied should be the same, after alll there is little diffrence to knocking on the door and asking for Council Tax/Unpaid PCN & that of Southern Water's Bill. It is the same goods you are attending to seize & remove. The HCEO is in the same position as the Certificated Bailiff when the debtor refuses you entry.

 

There is one firm who make charges akin to telephone numbers yet the attending officer receives nothing like the £750 demanded for a visit, they use blanket charging and have lost on more than 1 occasion when challenged, which is very akin to the Certificated Bailiff either blatatntly overcharging or going for multiple fees.

 

I can't put a figure on what the charges should be but as the person attending is basically no more than an unqualified collector of monies then the £75 per hour the local plumber charges looks value for money. Until such time that challenging charges is simplified - preferably to a completely independent body - then the complaints will carry on. They may have put the "Bailiffs & HCEO's" out for consultation but with some of the figures that are being bandied about then in the present climate more are going to resist.

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To me the Government will never change things to a fair system as the majority of debts collected upon all appear to be taxation in one form or another. We also have the Local Authorities regarding the issuing of Liability Orders or PCN's as another profitable income stream mainly because they cannot be bothered to find out why the sums go unpaid.

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I see no real distinction between a Bailiff and an HCEO.

 

They had a golden opportunity to change things but as usual have well & truly fudged it up. Bailiifs & HCEO's are throwbacks to a medieval system when you doffed your cap to the local Squire. To bring it into the 21st Century they need scrapping and introduce an Enforcement Officer only. Looking at other industries the Government in different disguises have scapped most nationalised industries why not put the enforcement agencies out to grass - just look at all the comments concerning Marstons yesterday, the blatatnt overcharging that goes on with JBW & Newlyn and of course it is only a year since Mr Boast from Rossendales was on the telly.

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This was always going to be an emotive subject and as expected not one of you has mentioned the creditor in this thread.

 

To answer one of your questions, we expect to make 10% profit but have found this difficult in recent years. Many others trade at less than this, some break even, some at a loss.

 

It appears from the current postings that many have little understanding of the true costs of running such a company. Office space, systems and staff all come at considerable cost. I can assure your the 'bailiff' is only getting a small part of the fee charged for attending due to these costs.

 

Many enforcement officers also have to work in twos for their own safety also meaning the 'attendance fee' is diluted further.

 

The recent consultation has suggested initial visit fees of £230 for a Certificated Bailiff (CT/NNDR/Parking) and £185 for an HCEO (Both plus 20% Vat of course). This is after the initial £75 letter fee.

 

I feel that these fees are a sensible way forward and standardisation can only make things clearer for everybody.

 

If I still have it I had a guide to how some of the HCEO's work their fees out - these are for the most contentious charges they make.

 

It took some finding but here it is. I must emphasise that not all charge on this basis but do know of at least 2 companies that do and in some respects blows the 10% figure out of the water. They have been based on the Chargeable Rates for Solicitors as advised by the Senior Courts Costs Office you can read the whole document at http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/guideline-hourly-rates-2010-v2.pdf . The timelines they use are broken down into 6 minute increments, thus 10 charging points per hour, and the figures I have seen are all based on London 3 - at the bottom.

 

You will note that that the beginning of the document gives a key to the costing grades and these have been adapted as:

A - Authorised HCEO's & Company CEO's

B - Managing Directors

C - Solicitors, Senior Management, Other Directors

D - Enforcement Officers, ParaLegals & what appears to be Office Staff

 

It doesn't take much to work that there is 1 particular company who charge £300 for a Management Fee & even at the bottom rate this seems to work out at them doing approx 2.5 hours work to set this up, the same firm charge £720 for an enforcement Officer to visit - again a time of nearly 6 hours + how can an person with no qualifications be charged out at this type of rate.

 

I leave you to your own conclusions.

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isn't an action for damages against an HCEO (or ordinary bailiff) covered by their bond ?

 

The HCEO isn't covered by a bond in the same sense the Certificated Bailiff is. This I assume would be covered by the HCEO/Employers Insurance.

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