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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 
      • 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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Update: next month, I am expected to be hit with a CCJ by my creditor (ex landlord), and I have a few questions:

 

 

1. If a payment plan is agreed by the judge, can the creditor still instruct a bailiff or high court enforcement officer?

2. If my payment plan proposal is refused, I strongly suspect the creditor is going to instruct a HCE very quickly, the only asset I have is the car, I am so scared this will be taken. I am in receipt of DLA, low mobility and middle car (the second driver/part owner) no longer has blue badge/DLA award. Will the HCE be allowed to just turn up and take the car?

 

 

p.s. although we are 50/50 shared owner of the vehicle, I am on the log book and the main driver on insurance policy. (as it was cheaper in my name, £50 pcm instead of £180 pcm in the other owners name! Which would make if impossible to keep at that premium)

 

 

Also, I owe my relative (the other owner) money and I am considering giving him my share of the car but remaining on the logbook and main policy holder on insurance, will this make any difference to the HCE or bailiff action?

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Just a thought, would some kind of declaration of ownership by relative be suffice to stop bailiffs or HCE's taking the vehicle? (would it matter that the insurance remained as myself as policyholder and relative and 2nd driver and on the logbook) (relative has bank statements to prove he paid for the car)

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As I am very anxious and stressed over this,

 

 

I am just thinking I will just sell the vehicle (co owner is happy for me to do this).

 

 

I am just overly stressed how I would explain/show how I am classed as vulnerable

( I have DLA award letter/medical history) and do not have the energy to deal with this.

 

 

The CCJ is not been awarded yet,

will I get into trouble for selling the vehicle before this?

 

Also, I was reading up on this...

...does this mean I have to let bailiffs into my home if they give two clear days notice? (or have I read this wrong)

 

 

https://www.nationaldebtline.org/EW/factsheets/Pages/08%20EW%20County%20court%20-%20suspending%20a%20bailiff%27s%20warrant%20or%20reducing%20instalments%20on%20a%20county-court%20judgment/Page-02.aspx

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Reading back on this thread since April you have been expecting a Judgment and worrying about it. Six months later you are now expecting a CCJ and maybe also a bailiff visit.

 

I can understand your concern but the fact remains that you are vulnerable and as long as you address the documentation from the court you should not have a visit from a bailiff.

 

What you need to do is wait to receive the summons and make sure that you acknowledge the claim within the strict time period outlined in the summons. If you do not have a defence then you must ensure that you complete the Income & Expenditure form as instructed.

 

You say that the ex landlord will not access a low figure of £5 as a repayment. In fact...whilst the court will indeed contact the creditor to seek their opinion n the repayment proposal..the fact remains...if the creditor disagrees...then the Judge makes the ultimate decision and on doing so, he will take full account of the figures outlined in the Income & Expenditure.

 

Have you yet received a Claim Form and if so....what date was the claim issued?

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  • 3 weeks later...

Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

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Update:

 

Landlord illegally evicted me (forced entry, changed locks) and failed on numerous occasions to protect my deposit. I would like to instruct a solicitor to deal with illegal eviction and penalty for deposit. Will i be eligible for legal aid? I recieve ESA & DLA If so, how do i find a solicitor please? I plan to deal with these issues in my defence as LL is re-applying to the court for possession, using s8 notice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?360908-LL-wants-me-to-leave-before-AST-expires!!!&p=4453870&viewfull=1#post4453870

 

Reading some of your previous posts, are you sure it was LL that changed locks and not Bailiffs with a valid warrant !

 

Thank you...

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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  • dx100uk changed the title to me and my landlords
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