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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
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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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Hi i have a ccj with southern water for 1200, this has been passed to sherforce who have been out once but not gained entry, and sent a letter stating they are coming to remove goods for these 2 things they have charged £2000 with a threat of at least another £720+vat when they attend again is there anything i can do to stop these people from doing this. Any help would be greatfully received

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First & foremost do NOT under any circumstances allow them entry. They may tell you otherwise & even produce a piece of paper that says you have to let them in. You do not.

 

When was the first time you were aware of Southern Water having a CCJ?

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I was aware of it last yr and i really should have done something about it, but as i owed a council tax debt that took priority and all my spare money i did nothing about the water debt. Very stupid in hindsight i know :( I finally finished paying my council tax debt last month and i have tried to offer southern water a payment plan however they say that there is nothing they can do now, and i have to try and negotiate with sherforce.

I wont allow them entry under any circumstances i just feel that there won't be a end to all this money they are adding.

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Put your offer to pay £xxx in writing to SW as that starts a paper trail.... next you will need to download from HMC&T's form N244 and apply to stay execution of the writ, at the same time you need to download form N245 and seek a variation to repayment, eg: you send income and expenditure evidence along with an offer ro the amount you can be seen to reasonably afford each week/month. If you are on low income/benefits you will need to complete form ex160 to claim remission to the fees for the other two applications. If you need help filling in the forms just ask and someone will guide you through them.

 

It is always wise to bring the Courts attention to the obscene fees Sherfarts are attempting to add to the debt, you have opportunity to do this when completing Q10 of the N244....of late several caggers have had such fees questioned by the Judge and in some cases they themselves have ordered detailed assessment with the end result being majority of the fees being disallowed for being disproportionate to the debt.

 

WD

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Brilliant thankyou for your help. Should i inform SW that i am going to do these forms or will the courts inform them i have done this. In Q10 should i mention that i have filed for a variation order and then state about the extortionate fees sherforce are trying to charge me on top. Will the courts inform sherforce if i get a stay of execution or will i need to, I just don't really want to have to speak to him again. Thanks again for your help

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No need to tell SW or Sherfarts, the court will advise the former and they can tell the latter.

Yes make mention to the variation application and to the debt being inflated by 100+% by Sherfarts and that the interest being charged places you unable to move forward to reducing it in any way other than at snails pace. Emphasis if you are able to pay the creditor direct it will stay any further charges being applied to the account. If the stay is granted SW will be informed and they can tell Sherfarts but to be on the safe side I would send a copy of the order the court will issue after the hearing to Sherfarts as soon as you get it.

 

Wd

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