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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. 
       

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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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Judge jails a debtor for 8 months for threatening to shoot two bailiffs with a TOY LIZARD !!!


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The following press article is a few months old but nonetheless it does demonstrate that courts will impose a custodial sentence on debtors who threaten bailiffs with violence.

 

 

http://swns.com/news/driver-jailed-threatening-shoot-clampers-toy-lizard-32810/

 

 

A man who threatened to shoot two bailiffs with a plastic LIZARD has been jailed for eight months.

 

Shane Burton, 45, pointed the toy at two men who were clamping his Land Rover and shouted “get away from the car, or I will shoot you.”

 

A court heard bailiffs Christopher Heath and Ricky Knight – who had a warrant to clamp his car for unpaid parking fines – believed the square object Burton pointed at them was a handgun.

 

Burton’s threats *-shouted from the window of his flat – caused the ‘shocked’ and ‘scared’ men to take the clamp off and drive away in a hurry.

 

He was later arrested on April 19 last year after the pair reported the incident to police.

 

On Tuesday, Burton, from Sneinton, Notts., was jailed at Nottingham Crown Court after pleading guilty to possessing an imitation firearm with intent to cause fear of violence.

 

Caging him, Judge Michael Stokes QC said: “We cannot have people, even with a pretend object, pointing them at bailiffs, threatening to shoot them and chasing them down the road.

 

“It’s very odd he should pick up the lizard.”

 

The court heard Burton had been in a dispute over the parking tickets, and claimed his vehicle was cloned – meaning he was getting tickets for another vehicle

 

Prosecutor Jim Metcalf told the court Burton had picked up the nearest thing to hand. He said: “They (the bailiffs) took the clamp off and they drove away.

 

“As they drove off, the defendant came out of the flats, got into his Land Rover and followed them.”

 

Defending Burton, Adrian Reynolds, described what happened as spontaneous and there was a “genuine belief” by his client that he was being wronged over the parking tickets.

 

 

Mr Reynolds added: “He forgot in the heat of the moment these were just two human beings doing their job.

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That's nice drug addicts and low life can rob your home and mug old people and get community services but say to a low life bailiffs your going to shoot them and you go to jail.

 

So it is ok to threaten to shoot some one and put them in fear for their life just because they are "low life",shame on you

 

Shoot them with a toy lizard ? How ?

 

If you do not realise it is a toy lizard and you are threatened with what you believe is a pistol then the fear is the same.

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I think if anyone threatens to shoot another person, they should expect jail. I doubt anybody on this site condones this behaviour.

 

 

Bailiffs are unfortunately a necessary part of our society. I wouldn't do the job personally for a number of reasons but this doesn't make every single man or woman who does "low life".

 

 

The bailiffs clearly took the threat seriously as they didn't continue with the clamping.

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The Judge should be sent to prison for wasting taxpayers money. It costs about £4k a month to send someone to prison.

 

Commonsense should have prevailed, with a largish community sentence handed down instead.

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The Judge should be sent to prison for wasting taxpayers money. It costs about £4k a month to send someone to prison.

 

Commonsense should have prevailed, with a largish community sentence handed down instead.

 

 

Yeah-That's a great deterrent isn't it?

 

 

What do you advocate for actually shooting a bailiff? 12 months probation?

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The judge was COMPLETLY inept.

 

On Tuesday, Burton, from Sneinton, Notts., was jailed at Nottingham Crown Court after pleading guilty to possessing an imitation firearm with intent to cause fear of violence

 

It wasnt an imitation firearm, so that charge should have been struck out.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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I have all sorts of doubts over this story. So the bailiffs left, and reported the 'incident', and an armed response unit turned up at the guy's house? Not according to the story, the police attended on a later date and arrested him.

Not the usual action of the police if an alleged firearm is involved.

 

He was arrested on what evidence? CCTV footage of him threatening the bailiffs with what could be mistaken as a firearm? Witness accounts? Or just the bailiffs word?

 

Corruptissima re publica plurimae leges

 

Being poor is like being a Pelican. No matter where you look, all you see is a large bill.

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Wait. I just checked the site. It seems akin to the national enquirer.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I would have thought it was rather stupid to even threaten to shoot another person. Remember armed police shot a guy who was carrying a table leg !

 

http://www.theguardian.com/uk/2005/jun/03/ukcrime.ukguns

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Well bailiffs have no respect for people or there property and the way they act so way shouldn't people fight back even if it's teeing them your going to shoot them.

 

I would have thought the answer was obvious.. if the subject of this story is true and the man is indeed now getting free bed and board in HMP !

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I would have thought the answer was obvious.. if the subject of this story is true and the man is indeed now getting free bed and board in HMP !

 

If the story is true, the only reason a prison sentence is involved, is because bailiffs were threatened. If this had been a threat by one ordinary member of the public against another, I would expect that a police caution would have just been given.

 

We all know that bailiffs have a very long history of being part of the establishment and I expect that the Judge was handing down a sentence expected by members of the secret handshake club.

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Well the guy pleaded guilty which doesn't always mean guilt but he pleaded guilty.

 

What we don't know is how many (if any) previous convictions and for what this guy had. I do not think it is appropriate to comment without the full facts

Any opinion I give is from personal experience .

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I would think that there is more in the background as to why such a strong sentence had been imposed.

 

For example, this story from a week ago concerns a debtor who had crashed her car into a bailiffs van causing £1,000 worth of damage and she fined £110 with court costs of £85. She also had seven points added to her driving licence.

 

 

http://www.chad.co.uk/news/local/mum-crashed-into-bailiffs-after-fleeing-1-6331166

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In the articles case, the judge didnt believe the person when he said it was a toy lizard. Therefore, he had to plead guilty because on the balance of probability ( he had multiple imitation firearms in the house), the judge would have found him guilty anyway. Therefore pleading guilty grants the person a discounted sentence.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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In the articles case, the judge didnt believe the person when he said it was a toy lizard. Therefore, he had to plead guilty because on the balance of probability ( he had multiple imitation firearms in the house), the judge would have found him guilty anyway. Therefore pleading guilty grants the person a discounted sentence
dou

 

What about beyond reasonable doubt..

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The fact imitation firearms were at the house. The fact that he admitted guilt. The fact that the bailiffs reported him for threats to shoot/kill. The fact he got in his car and gave chase.

 

If you were the judge, what would you think. Especially when he gave the excuse " it was a toy lizard. Not one of the many guns i have around the house".

 

However, there must be more to the story than has been released.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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One bailiff threatened to get me arrested for "shooting" him with a camcorder when I inadvertently filmed him with a GoPro whilst filming a documentary about an estate regeneration. Phoned his employers and told them I had no intention of deleting the footage as he walked into the camera shot, police told him to foxtrot oscar or they would haul him in.

 

Should have threatened him with a rubber chicken then? had one in the car as a film prop.

 

There must be more to the toy lizard story than meets the eye.

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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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In walter mitty land it may be fun,but kidnap and threats of violence/tourture never go down well with the court.A person who even thinks along these lines should look deep within themselves as to why they wish pain and suffering on another human being

 

I agree that no one should issue pain and suffering on another human being but the government operate under different rules..

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