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    • Good evening, My husband and I are looking for some help regarding a faulty car which we have recently purchased from Big Motoring World Enfield. The details are as follows: - Make - Nissan Qashqai 2017 1.2L milage 55,349 miles.  Date purchased -   01/06/2024 Price paid - Deposit £9000, finance £4794 (this includes the 3yr Nissan extended warranty), buyers fee £249.      Total including all fees etc = £ 13794.        Initially, during the test drive, there was no problem with the car at all and this is why my husband bought the car on the day. No problems on the way home from the dealership and up to three days after purchase, the car drove smoothly. However, after day 4, occasionally we would feel a slight shudder during some gear changes (automatic car). Over the next few days these shudders worsened and then on day 5 the car would make very a very loud shudder with every single gear change. It was at this point we contacted Big Motoring World for advice as we are still under the 14 days no questions asked return.  My husband contacted BMW for advice on 06/06/2024 and stated the problems as above. He spoke to a sales person who informed him that he should only take the car to a Nissan dealership (we have now been told that this is false information). We were also promised that a courtesy car would be provided for us after the fault on the car had been identified and confirmed by their mechanic fixing the car. We took the car to the garage that Big Motoring World had told us to go. Upon arrival there we discovered it was a third-party garage, not Nissan. We took the car to the garage on day 9. The mechanic ran a diagnostic test which found no faults, but after the test drove the car and below are his findings...   we scan the car but no faults with the gearbox showing but when I test drove the car it was really juddering and jumping.I spoke to my auto transmission specialist and he said they are very common on these as the CVT belt starts jumping within the box due to pressure loss.  We had this vehicle in for diagnostics for gearbox mate but both the gearbox and battery are faulty.Gearbox supplied and fitted comes to £3500 plus vat   Where we are at now…. My husband spent all of day 10 (11/06/2024) making phone calls between the garage, Warranties2000 and Big Motoring World. He tried, unsuccessfully to find out if the diagnostic reports had been shared between all three. Everyone kept saying the report hadn’t been received and yet the garage assured us it had been sent. Eventually we were told that the courtesy car would be given to us if it was deemed the works to fix the car would take longer than 8 working hours, and that decision would be made after 48hours of receiving the report. Today is day 11 and no decision has been made as nobody is telling us any decisions as people are off sick or on holiday! Today we called the garage and told the mechanic NOT to start any work as we will be returning the car. He said none have been started and we have left the car in his storage as he has deemed the car undrivable. I have sent an email to BMW now formally stating that we want to return the car and I have used the terminology that was suggested.   What can we do next?   Thank you everyone. .  
    • Yes will do thanks Dave, I wonder what will happen at the preliminary hearing no idea what they will ask I assumed once I sent the proof they asked for about my sons condition that I would have just  been given the go ahead to be Litigation friend
    • First the judge will rule on you representing your son, which will be a doddle. After that the full hearing date will be fixed, with WSs exchanged 14 days before. So for the moment just concentrate on getting the right to represent your son.  
    • Thank you, the mediations in a couple of days so hopefully they show up this time. I'll update this thread after how it goes
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      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.

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      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.

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Tenant tries to sue for not protecting deposit after moving out despite a full refund


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I am a landlord and was hoping that the forum members could help me with a problem.

 

The situation

  • I had a tenant rent a room in a shared house from me. The tenancy started in June 2012.
  • The tenant has been difficult throughout the tenancy. Initially she stated that she moved out of a flat and needs to sort through her possessions. The room was filled up to 2m high with boxes and she even changed the bed to a folding bed, as there was no space left for a permanent bed. She also stored boxes in the communal areas.
  • Although I received at least 1-2 email per week about all aspects of the flat that apparently need repair I always responded promptly and resolved/paid for repairs & new items for the flat.
  • Around Christmas 2012 I asked the tenant to remove her items from the communal areas as it was affecting the other tenants. There are 4 tenants in the flat in total.
  • Although the situation temporarily improved, the communal areas were used again for storage shortly after.
  • I sent the tenant another email asking her to please keep the communal areas clear and bring her room back to a reasonable standard. This was a polite request and I did not ask her to move out.
  • The tenant decided that the 'situation is not workable' and decided to move out on the following weekend, which seemed like a overreaction neither me nor the other housemates could understand. I was glad to see her leave and wanted resolve the situation as soon as possible so, I agreed that she would only have to pay rent up the day she moves out, and I did not insist on the notice period.
  • The tenant was not able to organise her move in time and moved out one day late. We agreed she would pay rent for one additional day only.
  • Shortly after she had left I refunded her deposit in full and she confirmed receipt.
  • I do admit that I failed to protect the deposit. This was a genuine mistake, which I regret. I have other tenants and can prove that their deposits are protected.
  • The tenant is now suing me for three times the monthly rent for not protecting her deposit.

 

Additional factors

  • The tenant has been very difficult throughout the tenancy and managed to fall out with the other housemates before moving out. One of the housemate's friends who works in mental health suggested that she suffers from psychological problems and she has clearly a tendency to hoard things. The housemates even told me that she brought items into the flat she found on the street. I am mentioning this as I believe there is no realistic chance to settle this out of court.
  • I believe I have always acted very reasonably and made multiple exceptions to meet the tenant’s requests.
  • The tenant has suffered no loss.
  • I found that the tenant has posted an advert on Gumtree.com stating my full name, calling me '**** bag' and that I allegedly have cheated her out of hundreds of pounds and kept her deposit, which is not true.

 

My Questions:

  • Can the tenant sue me for not protecting the deposit, given I have acted reasonably and refunded her deposit in full?
  • Are there any recent cases where the landlord has been sued for not protecting the deposit despite retuning it in full?
  • I understand that even if the court orders me to pay compensation, I can avoid having a CCJ against my name if I pay within 28 days. Is that correct? Avoiding any CCJ against my name is the most important thing in this case for me.
  • Would counter-suing for slander be advisable? I have contacted Gumtree.com and they said they would provide the details of the person who posted the advert to a lawyer or the police.

 

Thanks in advance for your responses!

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I am a landlord and was hoping that the forum members could help me with a problem.

 

 

.

 

My Questions:

  • Can the tenant sue me for not protecting the deposit, given I have acted reasonably and refunded her deposit in full?
  • Are there any recent cases where the landlord has been sued for not protecting the deposit despite retuning it in full?
  • I understand that even if the court orders me to pay compensation, I can avoid having a CCJ against my name if I pay within 28 days. Is that correct? Avoiding any CCJ against my name is the most important thing in this case for me.
  • Would counter-suing for slander be advisable? I have contacted Gumtree.com and they said they would provide the details of the person who posted the advert to a lawyer or the police.

Thanks in advance for your responses!

 

1.Yes T can sue for non-protection up to 6 years after T ended. It should be via full County Court hearing and could cost her £1K+ in up front Court fees. The loser will be liable to pay winner's full legal costs.

2.Under recent Localism Act the penalty is between 1 - 3x deposit AT THE JUDGE'S DISCRETION.

3. I wouldn't countersue for Slander/Libel at this stage, but get a hard copy of the offending Gumtree article. Get solicitor to obtain poster's details for pot legal action and include all in Court bundle if non-protection hearing goes ahead to demonstrate Ts character.

 

This OP sounds familiar, have you posted it elsewhere recently?

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Have you received a claim form? If so then you clearly already have the makings of a good defence, although you should stick to facts that can be proven rather than hearsay about psychological issues.

 

Other posters can hopefully confirm or deny this, but I understood that if the deposit was returned in full and in within a reasonable time, there is no basis for any claim. Only if damages are being claimed could there be a case, in which case they would have to be quantify and provide evidence of their loss.

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I had a conversation with shelter a few days ago regarding this. I was informed that a tenant can still file a claim for non-compliance up to 6 years after the tenancy has ended.

I was also advised that even if a deposit was returned in full and in a timely manner, the claim would still be valid - the landlord will still be liable to pay 1-3x the deposit amount.

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