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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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Hello,

 

yesterday I received a notice through the door stating that a bailiff would be attending with locksmiths and police in order to remove property to settle an unpaid court fine.

 

However the issue is that the person named on the notice doesn't live here, I don't even know her nor has she lived here for the past 16 years! The notice doesn't have my address on it, or any address, just the recipient's name.

 

I contacted the bailiff on the notice immediately and informed him of this.

 

My concern now is that he may come back with those locksmiths and police in order to remove property; can he legally do this now that he has been informed that I don't know this person and that she doesn't live here?

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Do you have details of what court issued the fine? If so swear a Statutory Declaration as to th3e fact the named debtor has not lived there for 16 years and there are no goods and chattels belonging to the debtor at your address and further they are not on the Electoral Roll at the address.

 

Technically they will say they can force entry under the Domestic Crime & Violence Act 2004, but in practice this is only used for persistent offenders.

 

You should swear the stat dec anyway at ypur local court who should be able to trace what court dealt with it. the bailiff may hide behind DPA as you are not the debtor. If the bailiff turns up, do not let him in, hand him the stat dec, it they have been known to claim the debt rests with the address and invite you to pay under duress. That is a no no/

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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What you SHOULD be doing is to send an urgent email to Collectica to advise them that this is not your debt.

 

Also, send a TEXT message to the bailiff to advise him that you have written to Collectica and that a search of the electoral roll will confirm that you are not this person and that you will not hesitate in calling the police if they attend.

 

What you need to be aware of is that MANY people contact such companies to "claim" that a fine defaulter does not live at a property and this causes problems for genuine cases such as yours.

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I have emailed the company advising them of this, and my intent to call the police should any attempt to levy goods be made. They've asked for a scanned copy of my council tax bill as proof.

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