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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
      • 162 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.

 

Cut a bad story short,,,Tenant never paid rent for 6 month then left property overnight leaving a trail of destruction for my mate to resolve, now my mate has collection agy chasing him for unpaid gas and electric? they say he is responsible?

 

Who is right and who must pay ?

 

Thank you

Regards..Mr Worried :)

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Sadly I believe the LL would be responceable if he opened the accounts. If T opened the accounts then im not sure that might be different ball game. Im not sure on this though someoen may confirm or deny this for me :)

 

6 months behind rent? No deposit?

Type of tennany?

Why did LL not evict after 2 months?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi, there was a lot of towing and frowing with tenant re eviction etc, a big big mess, deposit was not sufficient to pay damage etc. really need to know who is liable for outstanding bills.

Regards..Mr Worried :)

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Was this a private rent or through an agent?

 

Sabre, It can take a long time and cost a lot of money to gain possession of a property . The tenant has to be two months in arrears before you can even issue a notice etc etc

Any opinion I give is from personal experience .

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It was a private rent, basically my mate collected rent etc, and when they stopped paying it got messy and then he got no payment for 6 month circa 3k. now a company called ccsc from surrey are hassling him for the electric bill which remains unpaid by the tenant,

Regards..Mr Worried :)

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for utilities (form Landlords association

 

Is the landlord or tenant responsible for gas and electricity charges?

Key Points

 

This guide is designed to ensure that you are aware and understand who is responsible (landlord or tenant) for gas and electricity charges within any properties that you let.

Key points within the guide include:

 

  • If you own a property that you currently occupy, or own a property that is currently empty, you will be responsible for any bills or charges that may apply.
  • If you have a tenant within the property, you must ensure that in the tenancy agreement it is clear who will be responsible for payments. This may include measures such as changing the name on bills, or receiving payments directly from tenants.
  • Tenants will need to notify providers of move-in dates and meter readings, this can be done over the phone, online, or through written communications. Tenants will not be responsible for any previous charges or arrears.
  • Please note that anyone who puts their name(s) on a utility bill will ultimately be responsible for any outstanding charges. Multiple names on a bill will place responsibility on all names on the bill if payment is not fulfilled; regardless if one pays their part while another does not.
  • Finally, the contract between consumer and supplier will end with vacancy notification – usually requiring notification of at least two working days – for tenants, or if a new owner takes on the property. If a tenant vacates and there are no new tenants, the owner of the property will be responsible for any payments.

Contracts and Liability

 

1. Liability to pay may be under an express contract entered into with the electricity or gas supplier, in which case it is the customer under the contract who is the bill payer. An express contract may be made in a number of ways (e.g. by written application or on line). It will incorporate the supplier’s standard terms and conditions. These will make provision for when responsibility for payment ends – see further below. 2. Alternatively, as is sometimes the case, where there is no express contract, under the Electricity Code or Gas Code there is a deemed contract. The Codes provide that where an electricity or gas supplier supplies electricity or gas to a property, otherwise than under an express contract, the supplier is treated as contracting with the occupier (or the owner of the property if the property is unoccupied) for the supply as from the time when the supplier began to make the supply. In effect if a new occupier, or the owner (where the property is not lived in), starts to use electricity or gas then the supplier begins to make a supply for these purposes so a contract is made. The terms and conditions, of this deemed contract, are laid down by each supplier in their own terms and conditions. By taking a supply you become the bill payer even in the absence of a written request/agreement. Changes in responsibility

 

3. Usually under a supplier’s terms and conditions it is provided that the current bill payer ceases to be responsible for paying once they are no longer the occupier (or the owner) of the property provided they give notice (usually two working days) before vacating. Otherwise, liability terminates on the first to occur of (i) the date (again usually two working days) after a supplier has been notified of vacation (or of a new occupier) or (2) the date that electricity is supplied to the property under a new contract (i.e. to someone else). This may be a new contract signed up with the supplier or it may be under a deemed contract as provided for by the Code because a new occupier (or the owner) has started to take a supply.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Maybe your friend should look at tracing where the tenant moved to. It might be costly though. But if any more "debts" resurface they could be sent to eh right place.

 

Im betting they left no forwarding address.

 

If he can trace them he could initiate a small claims but would only be worth it if the tenant could actually pay.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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That's unfortunate. No point suing them or making them bankrupt in that case.

 

Your mate does have 6 years to bring a legal claim, so it is worth trying to make sure that everything is properly documented, just in case they manage to acquire any assets in a few years time.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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