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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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Removal of Implied Rights


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The ''notice'' is not worth the paper on which it is written!!

How can this ''notice'' overcome an order/warrant issued by a judge or magistrate simple answer it cannot!!

 

LOL-& you've got the cheek to tell me to do some research?

 

Bailiffs carrying liability Orders for council tax have no authority-They cannot trespass on debtors property once in receipt of a notice.

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Again a magistrate or district judge can issue a warrant for the arrest of a non payer of a liability order.

The confusion arises between a liability order which confirms the individuals liability for the tax and an enforcement order or warrant of execution or distress warrant.

As said get reading.

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Agreed usually a magistrate but its been known for a DJ (crim) to sign them.

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Formally known as stipendiary magistrates but for many years now they have been known as District Judges,

 

http://uk.answers.yahoo.com/question/index?qid=20080531055259AA1Eii7

 

Much as DJs (civil) were known as ''Registrars''.

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Who do you think signs a liability order, it is a judge

 

THE BAILIFF THEN HAS THE POWER OF THE COURT

 

I don't believe anyone signs it actually-council tax liability orders are fast tracked through in large batches without anyone bothering to look at each individual case,let alone sign a liability order.

 

Anyway-That's a completely different can of worms all together.

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I don't believe anyone signs it actually-council tax liability orders are fast tracked through in large batches without anyone bothering to look at each individual case,let alone sign a liability order.

 

Anyway-That's a completely different can of worms all together.

The liability orders are made by a magistrate in a court that is the only point relevant.

The important word is ''order'' e.g. by order of the court!

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The liability orders are made by a magistrate in a court that is the only point relevant.

The important word is ''order'' e.g. by order of the court!

 

Really? Sounds to me like they're not worth the paper they're printed on then

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There is provision in all courts civil or criminal for actions being considered contempt!

So any such order is ''superior'' to the FOTL notice.

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Really? Sounds to me like they're not worth the paper they're printed on then

 

Oh would dearly like to see you in court!!!

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LOL-& you've got the cheek to tell me to do some research?

 

Bailiffs carrying liability Orders for council tax have no authority-They cannot trespass on debtors property once in receipt of a notice.

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/45/made

 

(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.
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Correct-The last bit clarifies that little misunderstanding

 

& Briggie-I am not a FMOTL so please stop calling me one on the internet because it really bothers me.

 

Really? From whence do your theories arise?

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Really? From whence do your theories arise?

 

Purely & simply that the wording is designed to protect the actual liability order,not the bailiffs.Of course a bailiff can be deemed to trespass if he doesn't adhere to procedure,common law and of course the Administration & Enforcement Regulations.If for example he opened a window & climbed in,he would be committing the offence of trespass,likewise entering on a return visit without a signed WP and of course my personal favourite-returning after being served with a NOROIROA.

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If a window or door is left open?????

Peaceful entry not ''forced entry'.

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If a window or door is left open?????

Peaceful entry not ''forced entry'.

 

I said "opened a window" not one was left open.

 

Theres a world of difference between the two isn't there you little tinker you?

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Mark, why not accept your arguments are flawed, as said I would love to see you in court!

 

If a door or window is unlocked i.e. not secured against entry!

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