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    • Good morning,   I just left bigmotor and return the vehicle. Staff from bigmotor wasn’t helpful they start from the beginning I need to have appointment. They mentioned there is no one today from after sell who can assist me today aswell. After few min  manager come to talk with me and collect all documents. All conversation has been recorded with full names for both people who was dealing with me in the store.   Thank you     
    • London1971 - he's sick. He & his partner would like to dispose of or utilise via a rental his uk assets and/or to have access to his own £s (including his pension) - to make his end of days more pleasant.  It seems that is now only going to be possible for his partner via probate if Barc won't unblock his account.   HB - sorry I didn't mean to appear rude. I just meant this post will probs end up having to be morphed over to barc threads ! I do appreciate your input
    • I am quite happy to give a breakdown of what happened yesterday in court, and most certainly if it helps anyone. As you can imagine it was quite nerve wracking, despite knowing I had done no wrong there is always a nervousness that things can go against you. As such, I will confess to not remembering legal terms used etc but will try my best. On arrival at court I was, once again, asked by the claimants representative if I wanted a chat in a consultation room. DWF / Adidas do not send their own solicitor , they use a local company of representatives who all seem well known to court staff and judges. This was the 3rd time I had been to the court and on each occasion it was a different representative. I believe the advice on here is to not get involved in these little chats but I felt comfortable with them. First two occasions they did try to talk me into coming to an agreement but this time he just ran through what would happen in court. Not relevant to anybody else's case but this guy was more interested in my Thai Tattoos as he was a Muay Thai fighter and planning a trip to Thailand to fight out there !! When the time came we were ushered into court and took our seats in front of a judge who was already seated. I have to say it was surprisingly relaxed despite my being nervous. The judge called the representative by name and advised that the rep knew him well, knew he had a "straight to the point" attitude towards civil cases and didn't accept pointless waffle. He then outlined the case and spoke to me advising that he was aware I had no legal background and if any of the legal terms he was required to use were not self explanatory to me just to ask a question. Adidas WS had been written by a Senior Manager of Risk Prevention based in Amsterdam and the judge asked if he was attending. He seemed a bit taken aback when advised he would not be. He questioned how it was deemed as "fair" that I could be cross examined but the Adidas employee could not. The adidas rep said that he had a list of questions he had been instructed to ask of me, but that he felt my replies would all be denial so agreed not to cross examine.  The judge, during his summary, came to the part where adidas said I had contacted them asking where my refund was, and they had paid me due to "customer appeasement". His exact words were "the defendant would have to have some brass neck to actually phone chasing a refund for items he knew he had not returned". He also commented that Adidas had claimed that the return went to an altered postcode but did not include an example of what their return label would have looked like at the time, which seemed and obvious bit of evidence to him. The judge then commented that he thought it would be very difficult to prove that I was responsible for Adidas not receiving their returned goods. He then handed over to the claimant to put forward their claim. The claim really consisted of their rep reading through their WS and highlighting things which "proved" my guilt. They had discovered on internet forums that people were altering the postcode and sending out empty envelopes in the place of the goods. This was known as FTID (False Tracking ID) and Instant Refund. Apparently I was refunded within 18 minutes of my parcel being scanned at the Post Office. He also suggested that the altered postcode was pretty damning. This took maybe 15 minutes for the full reading. The judge asked if I had any questions and advised that I didn't need to prove my innocence, they had to prove my guilt.  I did make a couple of comments but really could have said nothing. I advised that when returning items to a post office, the first thing they ask you to do is put the parcel on the scales, which made a mockery of the empty envelope theory. They then scan the bar code or QR code, which would require in depth knowledge to be able to alter. I asked if adidas had been to this "altered" post code to recover the goods. The tracking provided by Royal Mail remarked "delivered no signature" I pointed out that adidas claim I was refund within 18 minutes but also say they refunded me following a call I had made chasing my refund, a total contradiction The judge then moved onto his decision. He started by saying that he had no doubt whatsoever that Adidas not received the returned goods. At this my stomach totally dropped.  He then said he had absolutely no doubt that I had returned the goods in good faith, and that the return system was obviously flawed for Adidas to have lost £10.4m. Adidas had provided absolutely no evidence to prove otherwise, and on that basis case dismissed. I walked out to the car park with the Adidas rep who advised me that there was absolutely no chance I was ever going to lose. If he had told Adidas what he thought of their case and evidence he wouldn't get any more work, they had no case whatsoever I am quite certain I will have missed some details of the day so quite happy to answer any questions that may jog my memory
    • Fair enough, I'll stand down. HB
  • Our picks

    • 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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Hi

 

I posted on here about 12 months ago as my family were evicted (s21 no fault) from a house we were renting.

 

Of my deposit of £1600 I had £300 deducted for 'sham' cleaning.

 

Because we struggled to get another place the landlord took us to court to get the house back.

Corporate landlord who didn't want pets in the house.

 

We managed to find another home eventually.

 

It's much scruffier than the last one but we painted it and made it nice etc,

but things keep breaking, dodgy plumbing and so on.

 

the owner now wants to sell (she's not a professional landlord).

 

She uses an agent who probably take a large chunk of the rent each month.

 

Agent has sent a s21 and given us a bit longer than the statutory minimum of two months.

 

We paid £1575 deposit and £400 check-in fees to the agent.

 

I have a job after being unemployed for nearly two years,

and still catching up with lots of bills each month so I have no savings whatsoever.

 

I have no idea how I'm going to find the agent fees and the deposit for the next house.

 

We have to pay these amounts up front.

 

The rent is going to cost us around £1300/month (Surrey area)

and so deposit will be about £2000 plus fees between £400 and £500.

 

My current deposit is not returnable until 10 days after I vacate. Even then I'm still going to be £1k short.

 

My daughter is on HB and income support. She has a very young baby and is expecting another - boyfriend is an ex boyfriend.

 

What a mess! Daughter is suffering post-natal depression so we need to move nearer to family and friends and the rents are not cheap.

 

They aren't cheap anyway, but it is what it is I guess. £1300/month is on the lower end of the scale, with many being more like £1500.

 

Will the council that we plan on moving to help with a deposit?

 

How can we determine which council it will be because we can't put an offer in without the fees available.

 

I'm so lost at the moment and can't see a way round this.

 

I've maxed on credit and don't know anyone with £2.5k sitting in their bank account.

 

Any advice?

thanks

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Until other caggers pop in, you might want to give Shelter a call.

 

They dont just advise on homeless situations, and might be able to point you in the right direction. Is there any chance you might be considered for social housing ?

 

http://england.shelter.org.uk/

 

Housing advice helpline

Call Shelter’s free housing advice helpline on 0808 800 4444.

Shelter's helpline is open 8am–8pm on weekdays and 8am–5pm on weekends, 365 days a year.

Our housing experts will offer support you no matter what your housing situation.

 

Calls are free from mobile phones and UK landlines

 

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  • 1 year later...

Hi

 

This is the third time in three years now. All for no fault reasons. This time the landlady wants to put the rent up £150 a month. We agreed to £100 a month which was her original request and because we wanted some security we asked to renew for a year. So she said she would have to do affordability checks and so on.

 

The reason behind this is that I lost my job in November, but used my pay in lieu and a tax refund to ensure the rent was paid on time, but in April I was unable to make the payment on time and had to get a payday loan. So it was paid ten days late. I was very apologetic etc and had secured another job. I just told the landlady that I had changed jobs and didn't get on the payroll in time.

 

No other payments have been late or missed. Anyway, she hassled me for proof of income and when she got it she said the letting agent said I didn't meet the affordability criteria which is gross earnings = 2.5 x annual rent. And so she's evicted us! Just like that. I would have agreed to the extra £150 she's now advertising the property for. A total of £1600 a month.

 

Anyway, we've now got a Section 21 issued. She knows it's just me, my daughter and my daughter's babies ages 2 and 1.

 

I am totally at a loss as to why she's done this. How do these people sleep at night.

 

My query/problem is, I do not have enough money for a deposit on a place which will be at least £2200 plus agent fees of at least £400.

 

We were considering withholding the rent (especially as we can't afford it anyway, apparently) for the next two months and just paying her two weeks rent before we move, assuming we are lucky enough to get something. Doing this creates its own problems though. She won't give us a reference. I could lie and give somebody else's details as the landlord but any fool can check on google and see which agent is letting the house.

 

So my other option would be to say I live somewhere else, which causes its own problems in proof of ID etc.

 

Catch 22. Again. I cannot bear this life. I think all these types of landlords should be taken out and shot. They cause so much misery with their greed.

 

Going to the council would be a nightmare as well because of the lack of homes. My daughter would not subject her babies to some nasty B&B or hostel and I don't blame her. But there doesn't seem to be any other options at this stage.

 

Any ideas? I know some of you will come back and say that dishonesty is not condoned, but this is a roof over our heads we are talking about - and my honesty has got us nowhere so far. So what's the point. I just overthink things and the end result could be homelessness. This is our worst nightmare.

 

Plus we have pets and they can't go to a B&B or hostel.

 

thanks

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Do you think i should copy it over or delete and start again?

 

I paid a deposit of 6 weeks rent and that was for an Assured Shorthold Tenancy agreement. We won't get the deposit back until after we have vacated and we can't vacate until we get another place so need the deposit sooner. We're screwed whichever way we turn. I had to borrow a deposit last time we moved but that person doesn't have any money at the moment and I have nobody I can ask.

 

I just don't know what to do. I can't go on living like this, having to move a full house every year. The cost and logistics are horrendous as well as the insecurity. Can't enrol the 2 yo in nursery or anything like that. and there are no council properties available and I can't get a mortgage even though I can afford one.

 

It's just a mess.

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  • 2 weeks later...

Since you have been given notice to leave then you really should approach the LA and see what they can do to assist you with accommodation. This is a must as you have children involved and they should have a duty to assist you .... Call them asap and take the notice with you....

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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As well the previous posts advice do an internet search for council / housing associations in your area and get as many application forms for housing into to them at least this way you are added to the waiting list.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Do you think i should copy it over or delete and start again?

 

I paid a deposit of 6 weeks rent and that was for an Assured Shorthold Tenancy agreement. We won't get the deposit back until after we have vacated and we can't vacate until we get another place so need the deposit sooner. We're screwed whichever way we turn. I had to borrow a deposit last time we moved but that person doesn't have any money at the moment and I have nobody I can ask.

 

I just don't know what to do. I can't go on living like this, having to move a full house every year. The cost and logistics are horrendous as well as the insecurity. Can't enrol the 2 yo in nursery or anything like that. and there are no council properties available and I can't get a mortgage even though I can afford one.

 

It's just a mess.

No, is not a mess, you say you are overthinking, but you are overthinking depressive thoughts even saying you cant bear this life etc.. you need to concentrate your overthinking on the advice given to you by others above.

 

following the advice from others will help get you a stable home with a housing association. it may not happen quick, it may be very quick... but once it happens then it provides you with a new start, new home and the stability that you want.

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EveOwes,

 

I have moved your thread to the Residential lettings forum, so no, you don't have to copy and paste it over - it is already done :)

 

Have you spoken to anyone in Shelter ?

 

The link below should take you to the Private Renting section.

 

http://england.shelter.org.uk/get_advice/private_renting

 

They do have a free telephone helpline,

 

Call an adviser for free on 0808 800 4444

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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